C I T E S O C E A N I A R E G I O N A L W O R K S H O P

I M P L E M E N A T I O N O F

C O P 1 6 S H A R K S A N D R A Y

A P P E N D I X I I L I S T I N G S

PARTICIPANT WORKBOOK

9-11 DECEMBER - WOLLONGONG

OCEANIA REGIONAL WORKSHOP ON CITES APPENDIX-II SHARKS 9-11 DECEMBER 2013

WOLLONGONG, AUSTRALIA

DRAFT AGENDA

DAY 1: Monday 9 December 2013 TIME TOPIC LEAD MATERIALS

9:00 – 9:15 Welcoming remarks

Welcoming remarks from the Australian and New Zealand Governments

Opening remarks from TRAFFIC and ANCORS

AU govt NZ govt TRAFFIC ANCORS

9:15 – 9:30 Introductions Self-introductions by participants

All

9:30 – 10:30

Context setting

Content: Background to Appendix-II shark listings, how trade is regulated through CITES; linkages with fisheries management frameworks

Outcome: Participants understand the context of the CITES shark listings and how they fit into other regulatory processes

Q&A and discussion

CITES Secretariat – David Morgan

CITES website: www.cites.org

10:30 – 11:00 Morning tea

11:00 – 11:45 Species biology and conservation status

Content: Description of what is known about CITES shark species biology and conservation status regionally and globally

Outcome: Basic knowledge about shark species biology and conservation status is understood so as to inform later discussions.

Q&A and discussion

IUCN Shark Specialist Group Chair – Colin Simpfendorfer

11:45 – 12:30 Regional context

Content: Overview of shark catch, management, and trade in the Oceania region; country participants provide a brief description of their national harvest of Appendix-II shark species and any particular challenges they envisage in implementing the listings

Outcome: The nature and extent of CITES

SPC Country participants

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shark catch, management, and trade in the region is understood by participants.

Q&A and discussion

12:30 – 14:00 Lunch (longer allowed to allow per diem cheques to be cashed)

14:00 – 15:00 Shark identification – tools available

Content: Overview of various tools available for identification of shark species (e.g. Pew, FAO software, etc. – Fiji workshop). - Short discussion about possible misidentification and look-alike issues with other species (e.g. non-listed hammerhead species)

Outcomes:

- Participants are aware of the range of tools available for shark identification.

- challenges in relation to possible species misidentification and possible means addressing these are highlighted, to be progressed further at follow-up workshop in January Fiji)

Practical: Shark ID exercise

Glenn/Wendy/ IUCN Shark Specialist Group Chair – Colin Simpfendorfer

Pew Identification Guide FAO Shark Identification List of shark ID guides (CMS website) French ID Guide

15:00-15.15 Afternoon Tea

15:15 – 16:30 Introduction from the sea

Content: Overview of development of IFS provisions. In-depth discussion of resolution and regional implementation. Topics include: documentation requirements, responsibilities of flag/port/charter states, role of vessels, chartering situations, etc.

Outcome: Participants understand the relevance of IFS provisions to its CITES operation and/or shark fisheries.

Q&A and discussion

Wendy / Glenn

Resolution Conf. 14.6 (Rev.CoP16)

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DAY 2: Tuesday 10 December 2013 TIME TOPIC LEAD MATERIALS

9:00 – 9:15 Review

Any questions from previous day?

Facilitator

9:15 – 10:00 NDFs 101

Content: Overview of non-detriment findings, who does them, how they may be conducted, etc. Outcome: Participants understand the Convention context behind the need for non-detriment findings

CITES Secretariat – David Morgan

Resolution Conf. 16.7 – NDFs Resolution Conf. 10.3 – Role of Scientific Authorities IUCN NDF Checklist Mexico Workshop on NDFs

10:00 – 10:30 NDFs for CITES sharks

Content: In-depth discussion of the components of NDFs and how they relate to shark species, and how robust NDFs can be conducted. Outcome: Participants understand how the NDFs apply to shark species, what information is available, and opportunities for collaboration. Information gaps are identified, as well as how these gaps may be addressed.

Hugh (Aus to assist)

Links provided in NDF section at end of this workbook

10:30 – 11:00 Morning tea

11:00 – 13:00 NDFs for CITES sharks (cont’d)

13:00 – 14:00 Lunch

14:00 – 15:45 Legal acquisition findings

Content: In-depth discussion of assurances Parties may need in order to arrive at a determination of legal acquisition, existing processes that may be used, chain of custody, Harmonised Customs Codes, role of RFMOs, etc.

Outcome: Participants understand legal acquisition findings, what information is available, and opportunities for collaboration. Information gaps are identified, as well as how these gaps may be addressed.

Wendy / Glenn

(link to US/FAO HCC proposal?)

15:45-16:00 Afternoon Tea

16:00 – 17:00 Exporting shark specimens: practical exercise

Content: Participants are broken into groups and given mock applications to export various shark specimens. As a group, participants discuss considerations when processing applications

Outcome: Participants practice processes underlying exports of CITES shark species

18:30 ~ Workshop dinner hosted by Australia

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DAY 3: Wednesday 11 December 2013 TIME TOPIC LEAD MATERIALS

9:00 – 9:15 Review Any questions from previous day?

Facilitator

9:15 – 10:30 Priority information needs Content: Group discussion of priority information needs identified from the previous day Outcome: Coherent list of needs and options for addressing needs, which may be further progressed at follow-up regional workshops

All

10:30 – 11:00 Morning tea

11:00 – 12:00 Regional CITES Parties Animals Committee Discussion -Sea cucumbers -Giant clams -Corals Content: Regional update in relation to these species, review of significant trade processes and CITES working groups

Hugh and Karen to lead

Regional workshop on NDFs for CITES marine species (SPC report)

1200-1300 Lunch

1300-1430 Regional CITES Parties Animals Committee Discussion Continued -Sea cucumbers -Giant clams -Corals

TABLE OF CONTENTS

CoP 16 Shark and Ray Listings ........................................................................................................................................ 2

Other shark species included in the CITES Appendices ................................................................................... 5

History of shark species listings in cites ................................................................................................................. 5

CITES Convention Text ....................................................................................................................................................... 9

Article IV .............................................................................................................................................................................. 9

Regulation of Trade in Specimens of Species Included in Appendix II ................................................. 9

CITES Resolutions and decisions related to Sharks and Rays ......................................................................... 10

Resolution Conf. 12.6 (Rev. CoP16)* ..................................................................................................................... 10

Conservation and management of sharks ...................................................................................................... 10

Decisions - Sharks and stingrays ............................................................................................................................ 12

Resolution Conf. 14.6 (Rev. CoP16)* ..................................................................................................................... 13

Introduction from the sea ..................................................................................................................................... 13

Annex - Explanatory notes.................................................................................................................................... 15

Decisions - Introduction from the sea: chartering .......................................................................................... 18

Decision related to Capacity building ................................................................................................................... 20

Resolution Conf. 16.7 ................................................................................................................................................... 21

Non-detriment findings ......................................................................................................................................... 21

NDF Resources ................................................................................................................................................................ .... 24

Examples of NDFs for marine species .................................................................................................................. 24

NB: All material in this brochure is directly from the CITES website – www.cites.org.au

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COP 16 SHARK AND RAY LISTINGS

OCEANIC WHITETIP SHARK (CARCHARHINUS LONGIMANUS)

Oceanic-epipelagic and occasionally coastal, tropical and warm-temperate shark that is found worldwide. Maximum length of 350-395 cm, but most are < 300 cm.

Fins are in demand and of high value on the international market.

more details in the CITES Species Checklist

PORBEAGLE SHARK (LAMNA NASUS)

A wide-ranging, coastal and oceanic shark, and one of the few truly high-latitude sharks that is often encountered in Arctic and Antarctic waters. Maximum reported length is 355 cm.

The meat and, to a lesser extent, the fins are in demand and of high value on the international market.

more details in the CITES Species Checklist

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SCALLOPED HAMMERHEAD SHARK (SPHYRNA LEWINI), GREAT HAMMERHEAD SHARK(SPHYRNA MOKARRAN), SMOOTH HAMMERHEAD SHARK(SPHYRNA ZYGAENA)

Mostly coastal-pelagic and semi-oceanic. Found around the globe in coastal warm temperate and tropical seas. The scalloped hammerhead reaches a maximum length of ~370 cm, while the great hammerhead can reach > 600 cm. The smooth hammerhead is the most cool-water-tolerant member of the family, and is found inshore and in shallow waters. Maximum total length < 400 cm.

The fins of these three hammerhead sharks are highly valued in international trade while the meat is mainly consumed locally.

Great hammerhead shark (Sphyrna mokarran) and smooth hammerhead shark (Sphyrna zygaena) were included in Appendix II for look-alike reasons.

SCALLOPED HAMMERHEAD SHARK (SPHYRNA LEWINI)

more details in the CITES Species Checklist

GREAT HAMMERHEAD SHARK (SPHYRNA MOKARRAN)

more details in the CITES Species Checklist

SMOOTH HAMMERHEAD SHARK (SPHYRNA ZYGAENA)

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more details in the CITES Species Checklist

MANTA RAYS (MANTA SPP.)

Distributed in most tropical and subtropical seas and sometimes in temperate waters. The giant manta reaches a maximum disc width of > 700 cm but most average ~450 cm. The reef manta grows to an averages 400 cm.

Skin, cartilage and gill rakers are the main products in international trade.

more details in the CITES Checklist

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OTHER SHARK SPECIES INCLUDED IN THE CITES APPENDICES

Here is a list of other shark species and sawfishes, which belong to the same sub-class Elasmobranchii as sharks, that were included in CITES Appendices before CoP16.

Species Appendix Effective date

Basking shark (Cetorhinus maximus) II 13/02/2003

Whale shark (Rhincodon typus) II 13/02/2003

Great white shark (Carcharodon carcharias) II 12/01/2005

Sawfishes (Pristidae spp., 7 species) I 13/09/2007

HISTORY OF SHARK SPECIES LISTINGS IN CITES

Here is a chronological overview of the CITES listing of sharks as well as decisions made by the Conference of the Parties to CITES in relation to sharks.

1994 (CoP9): adoption of Resolution Conf. 9.17 - Status of International Trade in Shark Species where the Conference of the Parties requested inter alia that:

The Food and Agriculture Organization of the United Nations (FAO) and international fishery management organizations establish programs to further collect and assemble the necessary biological and trade data on shark species; and

All nations utilizing and trading specimens of sharks species cooperate with FAO and other international fishery management organizations.

1997 (CoP10): Adoption of Decisions aiming at the effective implementation of Resolution Conf. 9.17, including to:

Request the Parties concerned, in collaboration with FAO and regional fishery organizations, to improve systems to identify, record and report landings of sharks;

Request Parties to reduce the mortality of sharks in by-catch;

Encourage Parties to initiate the management of shark fisheries at the national level and to establish international and regional bodies to coordinate this management; and

Request FAO, the CITES Animals Committee and the CITES Secretariat to undertake specific activities to improve the conservation and effective management of sharks.

In 1998, FAO organized two intergovernmental meetings to discuss a draft International Plan of Action for Conservation and Management of Sharks (IPOA-Sharks). The IPOA-Sharks was adopted by the FAO Committee on Fishery in February 1999 and endorsed by the FAO Council in June 1999. Each State is encouraged to implement a National Plan of Action (NPOA) for the conservation and management of shark stocks if their vessels directly fish for sharks or regularly catch sharks as by-catch. The NPOAs should, inter alia, improve the collection of species-specific data on catch and landings data collection, monitoring and management of shark fishery. The IPOA-Sharks also noted the importance of international collaboration on data collection and management of trans-boundary, straddling, highly migratory and high seas shark stocks.

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2000 (CoP11): Following the adoption of the IPOA-Sharks, CITES Resolution Conf. 9.17 was repealed. The CITES Animals Committee was instructed to maintain liaison with the FAO Committee of Fishery (COFI) in order to monitor the implementation of the IPOA-Sharks and to report on progress at CoP12 (2002).

Cetorhinus maximus (basking shark) was included in CITES Appendix III on 13 September 2000 at the request of the United Kingdom of Great Britain and Northern Ireland. This was the first shark species to be listed in the CITES Appendices.

2001: Carcharodon carcharias (white shark) was included in CITES Appendix III on 29 October 2001 at the request of Australia.

2002 (CoP12): Parties expressed concern because:

Insufficient progress had been made in achieving shark management through the implementation of the IPOA-Sharks;

The development and implementation of NPOAs had not been sufficient; and

Continued significant trade in sharks and their products was not sustainable.

As a result, the Conference of the Parties adopted Resolution Conf. 12.6 [provided here] where it directed the Animals Committee and its Chair to:

Continue monitoring the implementation of the IPOA-Sharks and to report on progress at CoP13; and

Identify key species and examine these for possible listing under CITES. If deemed necessary, the Animals Committee was to make species-specific recommendations on improving the conservation status of sharks and the regulation of international trade in these species.

Committee I of the 12th meeting of the Conference of the Parties (CoP12) rejected amendment proposal CoP12 Prop. 35 submitted by India, Madagascar and the Philippines to include Rhincodon typus (whale shark) in Appendix II and amendment proposal CoP12 Prop. 36 submitted by the United Kingdom on behalf of the Member States of the European Community to include Cetorhinus maximus (basking shark) in Appendix II. However, the debate was reopened at the final plenary session and both proposals were eventually adopted. These species were the first shark species to be included in Appendix II, a listing that, unlike listings in Appendix III, requires the approval of the Conference of the Parties to CITES.

2004 (CoP13): The Conference of the Parties adopted amendment proposal CoP13 Prop. 32 submitted by Australia and Madagascar to include Carcharodon carcharias (white shark) in Appendix II, with an amendment by the proponents to withdraw the proposed zero annual export quota.

The Animals Committee provided a substantive report and found that:

Twice as many Parties had reported progress with the implementation of the IPOA-Sharks than two years previously, this improvement being particularly noticeable in some African range States; and

There was scant evidence of improved shark fishery management.

The Animals Committee was instructed to carry on its work and to:

Review implementation issues related to sharks listed in the CITES Appendices with a view inter alia to sharing experiences and solutions that may have been found;

Identify specific cases and key shark species where trade was having an adverse impact; and

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Prepare a report on trade-related measures adopted and implemented by Parties aimed at improving the conservation status of sharks.

Parties further requested FAO to organize a consultation to review progress with the implementation of the IPOA-Sharks in order to: assess the effectiveness and efficiency of current conservation and management measures for sharks; and identify any improvements needed. In December 2005, the FAO expert consultation on the implementation of the IPOA-Sharks found that:

It was not achieving the level of success envisaged at the time of its inception;

Concrete operational activities were insufficient and unsatisfactory; and

Efforts to improve its effectiveness should be strengthened as part of the consultation, FAO also reviewed constraints on implementation and made suggestions to improve effectiveness.

2007 (CoP14): An extensive program of work on sharks was agreed for Parties, the Animals Committee and the Secretariat.

Kenya and the United States of America submitted amendment proposal CoP14 Prop 17 to include all species in the family Pristidae (sawfishes) in Appendix I. This was adopted with the amendment that Pristis microdon would be included in Appendix II with the annotation “For the exclusive purpose of allowing trade in live animals to appropriate and acceptable aquaria for primarily conservation purposes”. CoP14 was the third consecutive meeting of the Conference of the Parties where elasmobranch species were included in the CITES Appendices.

2010 (CoP15): Following on and amplifying this trend, CoP15 saw four proposals (CoP15 Prop 15, CoP15 Prop 16, CoP15 Prop 17 and CoP15 Prop 18) put forward to include eight shark species in Appendix II: Sphyrna lewini (scalloped hammerhead shark), Sphyrna mokarran (great hammerhead shark), Sphyrna zygaena (smooth hammerhead shark), Carcharhinus plumbeus (sandbar shark), Carcharhinus obscurus (dusky shark), Carcharinus longimanus (Oceanic whitetip shark), Lamna nasus (Porbeagle shark) and Squalus acanthias (Spiny dogfish). All four proposals failed to win sufficient support from the Parties and were therefore rejected.

The Conference of the Parties revised Resolution Conf. 12.6. In addition to restating its continued concern at the unsustainable trade in sharks and their products and at the insufficient progress made in achieving shark management through the implementation of the IPOA-Sharks, the Conference:

Urged FAO and Parties to strengthen their efforts; and

Instructed the Animals Committee to make species-specific recommendations, if necessary, on improving the conservation status of sharks and to examine information provided by range States on trade as well as other data and information. It also directed the Animals Committee to report on activities affecting sharks and rays at future CoP meetings.

2012: Lamna nasus (Porbeagle shark) was included in Appendix III on 25 September 2012 at the request of Denmark on behalf of EU Member States. In the meantime, Sphyrna lewini (Scalloped hammerhead) was included in Appendix III at the request of Costa Rica.

2013 (CoP16): Seven proposals to include shark species in CITES Appendix II were submitted for consideration. Proposal CoP16 Prop 42 on Carcharhinus longimanus (oceanic whitetip shark), proposal CoP16 Prop 43 on Sphyrna lewini, S. mokarran and S. zygaena (scalloped hammerhead shark, great hammerhead shark and smooth hammerhead shark, respectively) and proposal CoP16 Prop 44 on Lamna nasus (porbeagle shark) were adopted with an annotation for an 18-month delay to enter into force to enable Parties to resolve related technical and administrative issues. Also adopted was proposal CoP16 Prop 46 to include all manta rays (Manta spp) in Appendix II and proposal CoP16 Prop 45 to transfer Pristis microdon (freshwater sawfish) from Appendix II to Appendix I. However, the proposed inclusion in Appendix II of Paratrygon aiereba

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(Ceja river stingray, in proposal CoP16 Prop 47) and Potamotrygon motoro and P. schroederi (ocellate river stingray and rosette river stingray, in proposal CoP16 Prop 48) were rejected.

The Conference of the Parties further revised Resolution Conf. 12.6 (Rev. CoP15) to encourage range States of freshwater stingrays (Potamotrygonidae) to take actions related to these species. Through Decision 16.128, Parties are further requested to provide a summary of their domestic laws on landing of and trade in shark specimens, for inclusion in CITES website, and FAO and CITES are asked to develop a single and regularly updated source summarizing RFMO measures to conserve and manage sharks. Finally, Parties are encouraged in Decision 16.129 to engage with the work on sharks conducted by the Convention on the Conservation of Migratory Species of Wild Animals (CMS).

Conclusions

Concerns of CITES Parties about effects of international trade on sharks have steadily increased since the early 1990’s and continue to do so. CITES activities have helped stimulate other actions to help conserve and ensure the sustainable use of sharks - especially IPOA-Sharks.

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CITES CONVENTION TEXT

ARTICLE IV

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.

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CITES RESOLUTIONS AND DECISIONS RELATED TO SHARKS AND RAYS

RESOLUTION CONF. 12.6 (REV. COP16)*

CONSERVATION AND MANAGEMENT OF SHARKS

RECOGNIZING that sharks are particularly vulnerable to overexploitation owing to their late maturity, longevity and low fecundity;

RECOGNIZING that there is a significant international trade in sharks and their products;

RECOGNIZING that unregulated and unreported trade is contributing to unsustainable fishing of a number of shark species;

RECOGNIZING the duty of all States to cooperate, either directly or through appropriate sub-regional or regional organizations in the conservation and management of fisheries resources;

NOTING that IUCN’s RED LIST OF THREATENED SPECIES (2009.2) lists 181 shark taxa;

RECOGNIZING that the International Plan of Action on the Conservation and Management of Sharks (IPOA-sharks) was prepared by the Food and Agriculture Organization of the United Nations (FAO) in 1999 and that all States whose vessels conduct directed fisheries or regularly take sharks in non-directed fisheries are encouraged by FAO's Committee on Fisheries (COFI) to adopt a National Plan of Action for the Conservation and Management of Shark Stocks (NPOA-Sharks);

NOTING the contents of: REPORT OF THE TECHNICAL WORKSHOP ON THE STATUS, LIMITATIONS AND OPPORTUNITIES FOR IMPROVING THE MONITORING OF SHARK FISHERIES AND TRADE. Rome, 3-6 November 2008. FAO FISHERIES AND AQUACULTURE REPORT NO. 897 (an advanced copy of which was circulated as document AC24 Inf. 6) and FAO (2009) RESPONSIBLE FISH TRADE. FAO TECHNICAL GUIDELINES FOR RESPONSIBLE FISHERIES. No. 11. Rome, FAO;

NOTING that, through the adoption of Resolution Conf. 9.17 and Decisions 10.48, 10.73, 10.74, 10.93, 10.126, 11.94 11.151, 12.47-12.49, 13.42, 13.43 and 14.101-14.117, Parties to CITES have previously recognized the conservation threat that international trade poses to sharks;

WELCOMING the report adopted at the 18th meeting of the Animals Committee that noted that CITES should continue to contribute to international efforts to address shark conservation and trade concerns;

NOTING that States were encouraged by FAO to have prepared NPOAs for sharks by the COFI 24th session held in 2001;

NOTING that there is a significant lack of progress with the development and implementation of NPOAs;

CONCERNED that insufficient progress has been made in achieving shark management through the implementation of IPOA-Sharks except in States where comprehensive shark assessment reports and NPOA-Sharks have been developed;

CONCERNED that the continued significant trade in sharks and their products is not sustainable;

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THE CONFERENCE OF THE PARTIES TO THE CONVENTION

INSTRUCTS the CITES Secretariat to inform FAO of the concerns of the CITES Parties regarding the significant lack of progress in implementing the IPOA-Sharks, and to urge FAO to take steps to encourage actively relevant States to develop NPOA-Sharks;

DIRECTS the Animals Committee to examine new information provided by range States on trade and other available relevant data and information, and report their analyses at meetings of the Conference of the Parties;

ENCOURAGES Parties to obtain information on implementation of NPOA-Sharks or regional plans, and to report directly on progress to the CITES Secretariat and at future meetings of the Animals Committee;

URGES FAO's COFI and Regional Fisheries Management Organizations (RFMOs) to strengthen their efforts to undertake the research, training, data collection, data analysis and shark management plan development outlined by FAO as necessary to implement the IPOA-Sharks;

ENCOURAGES Parties to assist in building financial and technical capacity in developing countries for shark and ray activities under CITES, and for the implementation of the IPOA-Sharks;

URGES Parties that are shark fishing States but that have not yet implemented an NPOA-Sharks, to develop their own NPOAs at the earliest opportunity and take steps to improve research and data collection on both fisheries and trade as a first step towards their Shark Plans, particularly the necessity to improve the collection of catch and trade data at the lowest taxonomic level possible (ideally by species);

FURTHER URGES Parties to discuss CITES activities within the appropriate RFMOs of which they are members;

ENCOURAGES Parties to improve data collection, data reporting, management and conservation measures for shark species, implementing, enhancing and enforcing these actions through domestic, bilateral, RFMOs or other international measures;

DIRECTS the Animals Committee to make species-specific recommendations at meetings of the Conference of the Parties if necessary on improving the conservation status of sharks;

REQUESTS Management Authorities to collaborate with their national Customs authorities to expand their current classification system to allow for the collection of detailed data on shark trade including, where possible, separate categories for processed and unprocessed products, for meat, cartilage, skin and fins, and to distinguish imports, exports and re-exports and between shark fin products that are dried, wet, processed and unprocessed fins. Wherever possible, these data should be species-specific;

INSTRUCTS the Secretariat to monitor discussions within the World Customs Organization regarding the development of a Customs data model, and the inclusion therein of a data field to report trade in sharks at species level, and to issue Notifications to the Parties concerning any significant developments;

ENCOURAGES Parties, in close cooperation with FAO and RFMOs, to undertake or facilitate continued research to improve understanding of the nature of illegal, unreported and unregulated (IUU) fishing concerning sharks, identify the linkages between international trade in shark fins and meat, and IUU FISHING;

ENCOURAGES Parties, intergovernmental and non-governmental bodies to undertake studies of trade in shark meat, including prices in major fish markets in order to better identify the shark products that are driving IUU fishing;

DIRECTS the Animals Committee to report progress on shark and ray activities at the meetings of the Conference of the Parties; and

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ENCOURAGES range States of species in the family Potamotrygonidae to:

a) note the findings and conclusions of the freshwater stingray workshop (document AC24 Doc. 14.2), and increase their efforts to improve data collection on the scale and impact of the threats facing stingray species and populations from collection for ornamental trade, commercial fisheries for food and habitat damage;

b) consider implementing or reinforcing national regulations regarding the management and reporting of capture of and international trade in freshwater stingrays for all purposes, including commercial fishing for food and ornamental trade, and standardizing these measures across the region, for example through existing South American intergovernmental bodies; and

c) consider the listing of endemic and threatened species of freshwater stingrays (Potamotrygonidae) in CITES Appendix III as needing the cooperation of other Parties in the control of trade.

* AMENDED AT THE 15TH AND 16TH MEETINGS OF THE CONFERENCE OF THE PARTIES.

DECISIONS - SHARKS AND STINGRAYS

Directed to the Secretariat

16.128 The Secretariat shall:

a) issue a Notification to Parties requesting that they provide to the Secretariat a summary of their domestic laws and regulations that prohibit or regulate the landing of sharks or trade in shark specimens, together with copies of or links to these instruments in order for the Secretariat to make this information available on the CITES website; and

b) collaborate with the FAO Secretariat in the development of a single, regularly updated, source summarizing current Regional Fisheries Management Organization measures for shark conservation and management, with information on species, fisheries, Members and Contracting Parties, and the geographical areas covered and excluded.

Directed to Parties

16.129 Parties are encouraged to engage with the work of the Convention on the Conservation of Migratory Species of Wild Animals (CMS), as appropriate, particularly for shark species listed in the relevant Appendices to CITES and CMS, recognizing that CMS Parties are required to strive towards strictly protecting species listed in Appendix I to CMS, to prohibit the taking of these species, and to implement other measures through the Memorandum of Understanding on the Conservation of Migratory Sharks.

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RESOLUTION CONF. 14.6 (REV. COP16)*

INTRODUCTION FROM THE SEA

TAKING INTO ACCOUNT the CITES Workshop on Introduction from the Sea Issues (Geneva, 30 November – 2 December 2005) held pursuant to Decision 13.18 of the Conference of the Parties the meeting of the Standing Committee Working Group on Introduction from the Sea (Geneva, 14‑16 September 2009) held pursuant to Decision 14.48 of the Conference of the Parties, and the meetings of the Standing Committee Working Group on Introduction from the sea (Bergen, 24-26 May 2011, and Shepherdstown, 24-26 April 2012) , held pursuant to Decision 14.48 (Rev. CoP15);

RECALLING that ‘introduction from the sea’ is defined in Article I, paragraph e), of the Convention as "transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State";

RECALLING ALSO that Article III, paragraph 5, and Article IV, paragraphs 6 and 7, of the Convention, provide a framework to regulate the introduction from the sea of specimens of species included in Appendices I and II, respectively;

NOTING that ‘State of introduction’ is not defined in the Convention and that Article III, paragraph 5, Article IV, paragraph 6, and Article XIV, paragraph 5, place certain obligations on the State of introduction;

DESIRING that States cooperate in a manner that supports and complies with the provisions of the Convention with respect to specimens taken in the marine environment not under the jurisdiction of any State;

RECOGNIZING the need for States to consult and cooperate with relevant Regional Fisheries Management Organizations and Arrangements (RFMO/A) when issuing certificates of introduction from the sea and export and import permits for specimens taken in the marine environment not under the jurisdiction of any State;

NOTING the progress made through the Food and Agriculture Organization of the United Nations (FAO) on measures to promote responsible fisheries, including through the 2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, and the adoption of the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing;

RECOGNIZING the need for a common understanding of the provisions of the Convention relating to specimens taken in the marine environment not under the jurisdiction of any State, in order to facilitate the standard implementation of trade controls for such specimens and improve the accuracy of CITES trade data;

RECOGNIZING FURTHER that “introduction from the sea” is unique to the Convention and affirming that the present Resolution applies only in relation to the implementation of the Convention for specimens taken in the marine environment not under the jurisdiction of any State and does not affect the rights or duties of Parties outside this context;

THE CONFERENCE OF THE PARTIES TO THE CONVENTION

AGREES that ‘the marine environment not under the jurisdiction of any State’ means those marine areas beyond the areas subject to the sovereignty or sovereign rights of a State consistent with international law, as reflected in the United Nations Convention on the Law of the Sea;

FURTHER AGREES that,

a) whenever any specimen of a species included in Appendix I or II is taken in the marine environment not under the jurisdiction of any State by a vessel registered in one State and is transported into that same State, the provisions of Article III, paragraph 5, or Article IV,

14

paragraphs 6 and 7, respectively, should be applied; with that State being the State of introduction;

b) whenever any specimen of a species included in Appendix I or II is taken in the marine environment not under the jurisdiction of any State by a vessel registered in one State and is transported into a different State, the provisions of Article III, paragraphs 2 and 3, or Article IV, paragraphs 2, 3 and 4, respectively, should be applied, with the State in which the vessel that took the specimen is registered being the State of export and the State into which the specimen is transported being the State of import; and

c) In the case of chartering operations, under the conditions that:

i) The operation is under a written arrangement between the State where the vessel is registered and the chartering State, consistent with the framework on chartering operations of a relevant RFMO/A; and that

ii) The CITES Secretariat has been informed of this arrangement in advance of its entry into effect and that the CITES Secretariat makes this arrangement available to all Parties and to any relevant RFMO/A;

Whenever any specimen of a species included in Appendix I or II is taken in the marine environment not under the jurisdiction of any State by a vessel registered in one State and chartered by another State and transported into that chartering State, the provisions of Article III, paragraph 5, or Article IV, paragraphs 6 and 7, or the provisions of Article III, paragraphs 2 and 3, or Article IV, paragraphs 2, 3 and 4, respectively, may be applied. In such cases, the State in which the vessel is registered should be the State of export or the chartering State should be the State of Introduction, as mutually agreed in the written arrangement;

Whenever any specimen of a species included in Appendix II is taken in the marine environment not under the jurisdiction of any State by a vessel registered in one State and chartered by another State, and transported into a third State, the provisions of Article IV, paragraphs 2, 3 and 4 should be applied. In this case, the State in which the vessel is registered should be considered as the State of export and the issuance by this State of the export permit would be conditional upon prior consultation with and agreement by the chartering State. Subject to the authorization by the State in which the vessel is registered and provided that such an authorization is clearly specified in the written arrangement referred to above in paragraph (i), the chartering State may be the State of export;

RECOMMENDS that, in the case of specimens of species included in Appendix I or II taken in the marine environment not under the jurisdiction of any State, in satisfying itself that the provisions of the Convention are met:

a) the State of introduction, prior to issuing a certificate of introduction from the sea;

b) the State of export, prior to issuing an export permit; and

c) the State of import, prior to issuing an import permit, or when presented with an export permit:

take into account whether or not the specimen was or will be acquired and landed:

i) in a manner consistent with applicable measures under international law for the conservation and management of living marine resources, including those of any other treaty, convention or agreement with conservation and management measures for the marine species in question; and

ii) through any illegal, unreported or unregulated (IUU) fishing activity;

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FURTHER RECOMMENDS that, in the case of an export of Appendix-II specimens, the Scientific Authority of the State of export, in making its non-detriment finding, consult with other national scientific authorities or, when appropriate, international scientific authorities;

RECOMMENDS that Parties respond in a timely manner to a request for information necessary for issuing a certificate of introduction from the sea or an export permit for specimens of any species taken in the marine environment outside the jurisdiction of any State, or for verifying the authenticity and validity of such a certificate or permit.

ANNEX - EXPLANATORY NOTES

CLARIFICATION OF IMPLEMENTATION ISSUES RELATED TO INTRODUCTION FROM THE SEA AND EXPORT/IMPORT/RE-EXPORT OF SPECIMENTS TAKEN IN THE MARINE ENVIRONMENT NOT UNDER JURISDICTION OF ANY STATE

I. INTRODUCTION FROM THE SEA [UNDER “FURTHER AGREES THAT”, A)]

1. Conditions for issuing an introduction from the sea (IFS) certificate:

1.1. The Scientific Authority of the State of introduction makes a non-detriment finding (NDF) [Articles III, paragraph 5 (a), IV, paragraph 6 (a)] (in the case of Appendix II, also as provided for by Article IV, paragraph 7).

1.2. In the case of living specimens:

a) Appendix I: the proposed recipient of a living specimen is suitably equipped to house and care for it [Article III, paragraph 5 (b)].

b) Appendix II: the living specimen will be so handled as to minimize the risk of injury, damage to health or cruel treatment [Article IV, paragraph 6 (b)].

1.3. In the case of Appendix I, the specimen is not to be used for primarily commercial purposes [Article III, paragraph 5 (c)].

2. The Management Authority of the State of introduction issues the IFS certificate.

3. The IFS certificate is issued prior to transportation into the State of introduction. (Articles III, paragraph 5, and IV, paragraph 6, require the prior granting of a certificate from a Management Authority of the State of introduction).

Note: Introduction from the sea does not apply to Appendix-III specimens.

II. EXPORT / IMPORT / RE-EXPORT, OCCURRING AFTER AN IFS

This section applies when specimens are exported from the territory of the State of export and the export occurs after an IFS. Such an export should follow the same rules and procedures as any export, except in the case foreseen in Article XIV, paragraph 4 and paragraph 5, concerning the export and import of Appendix-II specimens, where only the issuance of a certificate of accordance shall be required.

1. Export

1.1. Conditions for issuing an export permit:

1.1.1. A non-detriment finding is required. Since, in this case, the export would occur after an IFS certificate has been issued, the Scientific Authority of the State of export should take into consideration the NDF made for the IFS when making the NDF for the export.

1.1.2. To export a specimen that has been introduced from the sea, a legal acquisition finding (i.e. a finding that the specimen was not obtained in contravention of the laws of that State for the

16

protection of fauna and flora) is required as a condition for the issuance of the export permit [Articles III, paragraph 2 (b), and IV, paragraph 2 (b)].

1.1.3. Any living specimen of an Appendix-I or -II species will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment [Articles III, paragraph 2 (c), and IV, paragraph 2 (c)].

1.1.4. In the case of Appendix-I species, the Management Authority of the State of export is satisfied that an import permit has been granted for the specimen [Article III, paragraph 2 (d)].

1.2. The Management Authority of the State of export issues the export permit.

1.3. The export permit is issued before export takes place (Articles III, paragraph 2, and IV, paragraph 2, require the prior grant and presentation of an export permit).

1.4. An export permit is issued for every shipment, although the export permit may be valid for six months (Article VI, paragraph 2).

2. Import

2.1. Conditions for issuing an import permit, in the case of Appendix-I species only:

a) The Scientific Authority of the State of import makes an NDF [Article III, paragraph 3. (a)];

b) The proposed recipient of a living specimen is suitably equipped to house and care for it [Article III, paragraph 3. (b)]; and

c) The specimen is not to be used for primarily commercial purposes [Article III, paragraph 3. (c)].

2.2. The import permit is issued before import takes place (Article III, paragraph 3, requires the prior grant and presentation of an import permit and either an export permit or a re-export certificate).

2.3. In the case of specimens of Appendix-II species, the import requires the prior presentation of either an export permit or a re-export certificate (Article IV, paragraph 4).

3. Re-export

3.1. Conditions for issuing a re-export certificate, in the case of Appendix-I and Appendix-II species:

a) The specimen was imported in accordance with the Convention [Articles III, paragraph 4 (a), and IV, paragraph 5 (a)];

b) Any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment [Articles III, paragraph 4 (b), and IV, paragraph 5 (b)]; and

c) Only in the case of Appendix-I living specimens, an import permit has been granted [Article III, paragraph 4 (c)].

3.2. The re-export certificate is issued before re-export takes place (Articles III, paragraph 4, and IV, paragraph 5, require the prior grant and presentation of a re-export certificate).

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III. EXPORT / IMPORT / RE-EXPORT, NOT OCCURRING AFTER AN IFS [UNDER “FURTHER AGREES THAT”, PARAGRAPH B)]

1. Export

1.1. Conditions for issuing an export permit:

1.1.1. The Scientific Authority of the State of export makes an NDF [Articles III, paragraph 2 (a), and IV, paragraph 2 (a)]. It is recommended that, in the case of an export of Appendix-II specimens, the Scientific Authority of the State of export, in making its non-detriment finding, consult with other national scientific authorities or, when appropriate, international scientific authorities.

1.1.2. The Management Authority makes a legal acquisition finding (i.e. a finding that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora) before issuing an export permit [Articles III, paragraph 2 (b), and IV, paragraph 2 (b)].

1.1.3. In the case of living specimens of Appendix-I or -II species: the living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment [Articles III, paragraph 2 (c), and IV, paragraph 2 (c)].

1.1.4. In the case of Appendix-I species, the Management Authority of the State of export is satisfied that an import permit has been granted for the specimen [Article III, paragraph 2 (d)].

1.2. The Management Authority of the State of export issues the export permit.

1.3. The export permit is issued before export takes place (Articles III, paragraph 2, and IV, paragraph 2, require the prior grant and presentation of an export permit).

1.4. An export permit is issued for every shipment, although the export permit may be valid for six months (Article VI, paragraph 2).

2. Import

2.1. Conditions for issuing an import permit, in the case of Appendix-I species only:

a) The Scientific Authority of the State of import makes an NDF (for the purposes of import) [Article III, paragraph 3 (a)];

b) The proposed recipient of a living specimen is suitably equipped to house and care for it [Article III, paragraph 3 (b)]; and

c) The specimen is not to be used for primarily commercial purposes [Article III, paragraph 3 (c)].

2.2. The import permit is issued before import takes place (Article III, paragraph 3, requires the prior grant and presentation of an import permit and either an export permit or a re-export certificate).

2.3. In the case of specimens of Appendix-II species, the import requires only the prior presentation of either an export permit or a re-export certificate (Article IV, paragraph 4), except in the case foreseen in Article XIV, paragraph 4 and paragraph 5, concerning the export and import of Appendix-II specimens, where only the issuance of a certificate of accordance shall be required.

3. Re-export

3.1. Conditions for issuing a re-export certificate, in the case of Appendix-I and Appendix-II species:

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a) The specimen was imported in accordance with the Convention [Articles III, paragraph 4 (a), and IV, paragraph 5 (a)];

b) Any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment [Article III, paragraph 4 (b), and IV, paragraph 5 (b)]; and

c) Only in the case of Appendix-I living specimens, an import permit has been granted [Article III, paragraph 4 (c)].

3.2. The re-export certificate is issued before re-export takes place (Articles III, paragraph 4, and IV, paragraph 5, require the prior grant and presentation of a re-export certificate).

IV. TRANSSHIPMENT

1. In the case of an IFS, the transshipment would only serve as a means of transportation and the same considerations for IFS should apply. In this case, the IFS certificate should be issued prior to transshipment, or the Master of the vessel receiving the transshipped specimens should obtain satisfactory proof that the IFS certificate already exists or will be issued before the IFS occurs.

2. In the case of export, the export permit should be issued prior to transshipment, or the Master of the vessel receiving the transshipped specimens should obtain satisfactory proof that the export permit already exists or will be issued before the import occurs.

* Amended at the 15th and 16th meetings of the Conference of the Parties.

DECISIONS - INTRODUCTION FROM THE SEA: CHARTERING

Directed to the Secretariat

16.48 The Secretariat shall report at the 65th and 66th meetings of the Standing Committee on the implementation of the Convention by the Parties concerned in relation to the provision on chartering arrangements provided for in Resolution Conf. 14.6 (Rev. CoP16).

The report should focus in particular on the conditions under which non-detriment findings are made and permits and certificates are issued, as well as on the relationship between chartering States and States in which the vessel is registered, in performing those tasks. It should especially assess the capacity of chartering States and the States in which the vessels are registered to control compliance with the provisions of the CITES Convention.

In that regard, the report should pay special attention to the implementation of the provisions of the Resolution pertaining to the legality of the acquisition and landing of the specimens concerned.

The report shall also include any cases where Parties have been unable to take advantage of this provision, including in situations where at least one of the States involved is not party to a relevant Regional Fishery Management Organization/Arrangement (RFMO/A).

Between now and the 17th meeting of the Conference of the Parties (CoP17), the Secretariat shall further communicate with the Secretariat of the relevant RFMO/A and other relevant international organizations, in particular regarding the implementation of the relevant obligations resulting from these RFMO/As or other international organizations, and share information provided with Parties on a timely basis.

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Directed to Parties

16.49 Parties taking advantage of the provision on chartering arrangements provided for in Resolution Conf. 14.6 (Rev. CoP16) should provide in a timely manner all information that might be requested from them by the Secretariat in view of the establishment of its report on this issue at the 65th and 66th meetings of the Standing Committee.

Directed to the Standing Committee

16.50 The Standing Committee shall assess the findings of the report of the Secretariat on the implementation of the Convention by the Parties concerned in relation to the provision on chartering arrangements provided for in Resolution Conf. 14.6 (Rev. CoP16). On the basis of this report and any other information available, the Standing Committee shall provide an assessment on the implementation of this provision and, where relevant, propose amendments to this provision at CoP17.

Directed to Parties

16.51 On the basis of the assessment of the Standing Committee and any other relevant information, the Parties should review at CoP17 the provisions on chartering provided for in Resolution Conf. 14.6 (Rev. CoP16).

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DECISION RELATED TO CAPACITY BUILDING

Directed to the Parties

16.28 Parties are encouraged to:

a) support and provide financial and in-kind resources for capacity-building activities, particularly those in support of Goals 1 and 3 of the CITES Strategic Vision;

b) use the CITES Virtual College to support capacity-building activities;

c) participate in reviewing the contents of the CITES Virtual College through their Management and Scientific Authorities, as appropriate; and

d)translate the contents of the CITES Virtual College into national languages.

Directed to the Secretariat

16.29 The Secretariat shall, subject to the availability of external funding, where needed:

a) undertake a review of capacity-building activities found in Resolutions and Decisions to assess whether and how they could be rationalized and consolidated, and report its findings and recommendations at the 66th meeting of the Standing Committee, and report on proposed revisions to Resolutions and Decisions, and, if considered appropriate, present a draft resolution on capacity building at the 17th meeting of the Conference of the Parties;

b) collaborate with the Animals and Plants Committees on relevant capacity-building activities, inter alia to improve and expand the Secretariat’s training materials on the making of non-detriment findings, including those available through the CITES Virtual College;

c) within the mandate of Goals 1 and 3 of the CITES Strategic Vision, provide targeted capacity-building support to CITES Management and Scientific Authorities, Customs and law enforcement entities, the judiciary, legislators and other stakeholders, particularly in new Parties and Small Island Developing States;

d) assist and support the Parties’ own capacity-building efforts to implement the Convention at the national level;

e) deliver general and specialized training though regional workshops and the CITES Virtual College;

f) develop and further enhance partnerships with institutions and organizations providing Parties with capacity-building assistance of relevance to CITES, for example through the International Consortium on Combating Wildlife Crime, the International Tropical Timber Organization and the International University of Andalusia;

g) provide guidance to Parties on accessing financial resources to support the implementation of CITES (such as the Global Environment Facility and the African Elephant Fund); and

h) undertake needs assessments and gap analyses to improve CITES capacity-building efforts.

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RESOLUTION CONF. 16.7

NON-DETRIMENT FINDINGS

RECOGNIZING that, in accordance with Articles III and IV of the Convention, export permits for specimens of species included in Appendices I and II shall be granted only when a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of the species (following a determination known as a 'non-detriment finding');

RECALLING that Article IV, paragraph 3, requires a Scientific Authority of each Party to monitor exports of specimens of Appendix-II species and, whenever necessary, to advise the Management Authority of suitable measures to be taken to limit such exports in order to maintain such species throughout their range at a level consistent with their role in the ecosystems and well above the level at which they would qualify for Appendix I;

NOTING that, in Resolution Conf. 14.7 (Rev. CoP15) (MANAGEMENT OF NATIONALLY ESTABLISHED EXPORT QUOTAS), the Conference of the Parties recommends that, when Parties establish national voluntary export quotas, they do so on the basis of a non-detriment finding made by their Scientific Authority;

RECALLING further paragraphs c) and h) under RECOMMENDS in Resolution Conf. 10.3 (DESIGNATION AND ROLE OF THE SCIENTIFIC AUTHORITIES);

RECALLING that the effective implementation of Article IV, paragraphs 2 (a), 3 and 6 (a), of the Convention prevents the need to take actions in accordance with Resolution Conf. 12.8 (Rev. CoP13) (REVIEW OF SIGNIFICANT TRADE IN SPECIMENS OF APPENDIX-II SPECIES);

NOTING that because of the great variety of taxa, life forms and biological characteristics of species included in Appendices I and II, there are various ways a Scientific Authority can make non-detriment findings;

AWARE of the challenges that Parties face when making scientifically-based non-detriment findings, and that the sharing of guiding principles and experience for making such findings would improve implementation of Articles III and IV of the Convention;

RECOGNIZING the outputs of the national, regional and international workshops on CITES non-detriment findings (in China, the Dominican Republic, Indonesia, Kuwait, Mexico, Nepal, Peru and other countries), the guidance for CITES Scientific Authorities produced by the International Union for Conservation of Nature (IUCN), and other capacity-building workshops;

REAFFIRMING Objective 1.5 of the CITES STRATEGIC VISION: 2008-2013 in Resolution Conf. 14.2, adopted by the Conference of the Parties at its 14th meeting (The Hague, 2007), that the best available scientific information is the basis for non-detriment findings;

THE CONFERENCE OF THE PARTIES TO THE CONVENTION

RECOMMENDS that:

a) Scientific Authorities take into account the following concepts and non-binding guiding principles in considering whether trade would be detrimental to the survival of a species:

i) a non-detriment finding for an Appendix-I or -II species is the result of a science-based assessment that verifies whether a proposed export is detrimental to the survival of that species or not; 1

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ii) Scientific Authorities should consider whether the species would be maintained throughout its range at a level consistent with its role in the ecosystems in which it occurs;

iii) in making a non-detriment finding, Scientific Authorities should consider the volume of legal and illegal trade (known, inferred, projected, estimated) relative to the vulnerability of the species (intrinsic and extrinsic factors that increase the risk of extinction of the species);

iv) the data requirements for a determination that trade is not detrimental to the survival of the species should be proportionate to the vulnerability of the species concerned;

v) the making of an effective non-detriment finding relies upon a correct identification of the species concerned and verification that it is specimens of this species that are to be exported;

vi) the methodology used to make a non-detriment finding should reflect the origin and type of specimen, such that the method used to make a non-detriment finding for a specimen known to be of non-wild origin may be less rigorous than that for a specimen of wild origin for example;

vii) the methodology used should be flexible enough to allow for consideration of the specific and individual characteristics of different taxa;

viii) the implementation of adaptive management, including monitoring, is an important consideration in the making of a non-detriment finding;

ix) the non-detriment finding is based on resource assessment methodologies which may include, but are not limited to, consideration of:

A. species biology and life-history characteristics;

B. species range (historical and current);

C. population structure, status and trends (in the harvested area, nationally and internationally);

D. threats;

E. historical and current species-specific levels and patterns of harvest and mortality (e.g. age, sex) from all sources combined;

F. management measures currently in place and proposed, including adaptive management strategies and consideration of levels of compliance;

G. population monitoring; and

H. conservation status; and

x) the sources of information that may be considered when making a non-detriment finding include but are not limited to:

A. relevant scientific literature concerning species biology, life history, distribution and population trends;

B. details of any ecological risk assessments conducted;

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C. scientific surveys conducted at harvest locations and at sites protected from harvest and other impacts; and

D. relevant knowledge and expertise of local and indigenous communities;

E. consultations with relevant local, regional and international experts; and

F. national and international trade information such as that available via the CITES trade database maintained by UNEP World Conservation Monitoring Centre (UNEP-WCMC), publications on trade, local knowledge on trade and investigations of sales at markets or through the Internet for example; and

b) Scientific Authorities consider, as a reference for making non-detriment findings, the information included in the Annex to document AC26/PC20 Doc. 8.4 and any subsequent updates available on the CITES website2;

ENCOURAGES Parties:

a) to explore methods for making non-detriment findings;

b) to share experiences and examples of ways of making non-detriment findings, including through appropriate regional or sub-regional workshops, and communicate them to the Secretariat;

c) to maintain written records of the science-based rationale included in the Scientific Authorities’ non-detriment finding assessments; and

d) to offer, on request, cooperative assistance to developing countries, for improvement of capacity to make non-detriment findings, based on nationally identified needs. Such cooperative assistance could take multiple forms, including financial and technical support; and

DIRECTS the Secretariat:

a) to maintain a prominent section for non-detriment findings on the CITES website and to update it regularly with information from the Animals and Plants Committees, Parties and other sources;

b) to implement a user-friendly mechanism on the CITES website that would allow Parties to easily submit relevant information to be considered for inclusion in the website;

c) to ensure that this information is accessible in the appropriate sections of the CITES Virtual College; and

d) to assist in identifying possible funding sources to help Parties implementing capacity-building activities related to the making of non-detriment findings.

1. In considering whether an export may be detrimental, the sustainability of the overall harvest will usually be a necessary consideration.

2. See: http://www.cites.org/eng/prog/ndf/index.php.

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NDF RESOURCES

EXAMPLES OF NDFS FOR MARINE SPECIES

Taxa Country Doc (Annexes) Summary

Arapaima Brazil WG8-CS1 WG8-CS1-S

ANGUILLA ANGUILLA (European eel) Sweden WG8-CS2 (Annex) WG8-CS2-S

CHEILINUS UNDULATES (Napoleon fish) Indonesia WG8-CS3 WG8-CS3-S

HIPPOCAMPUS spp (Seahorses) --- WG8-CS4 WG8-CS4-S

Sturgeons --- WG8-CS5 (Annex) WG8-CS5-S

Black coral (Anthipatharia) Hawaii WG9-CS1 (Annex) WG9-CS1-S

Tridacnidae (Giant clams) Palau WG9-CS2 WG9-CS2-S

STROMBUS GIGAS (Queen conch) Colombia WG9-CS3 (Annex) WG9-CS3-S

Queensland coral fishery Australia WG9-CS4 (Annex) WG9-CS4-S

Stony corals (Scleractinia) Indonesia WG9-CS5 (Annex) WG9-CS5-S

OTHER RESOURCES

• Report of the FAO/CITES workshop to review the application and effectiveness of international regulatory measures for the conservation and sustainable use of elasmobranchs, Genazzano (Rome), Italy, 19-23 July 2010. FAO Fisheries and aquaculture report No. R984. ISSN 2070-6987

• Review of the implementation of the international plan of action for the conservation and management of sharks. FAO Fisheries and aquaculture circular No.1076. ISSN 2070-6065

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PARTICIPANTS LIST

Country Participant Contact Details Organisation

CITES PARTIES 1 Australia Shaneen Coulson

Director shaneen.coulson@environment.gov.au (+61) (0) 2 6274 2880

CITES Scientific Authority

Department of the Environment www.environment.gov.au

2 Australia Karen Winfield Senior Policy Officer

karen.winfield@environment.gov.au karen.winfield@outlook.com (post workshop)

CITES Scientific Authority

Department of the Environment (until December 11 2013)

3 Fiji Mrs Alitia Bainivalu tiacbainivalu@yahoo.com

Ph: +679 3301611 ext. 188

Fax: +679 3318769

Department of Fisheries Level 1- Takayawa Towers Toorak Suva, Fiji Islands

4 Papua New Guinea

Barnabas Wilmott Manager, Wildlife Trade & Enforcement

barnabas.wilmott@gmail.com Tel : (675) 3014524

CITES Management Authority

Environment Protection Wing Department of Environment and Conservation

5 Samoa Faleafaga Togi Tipamaa toni.tipamaa@mnre.gov.ws CITES Management Authority

6 Solomon Islands

Selina Lipa Principal Licensing Officer Offshore Fisheries Management

slipa@fisheries.gov.sb Ph: 677 39143 Ext:216 Mob: 677 7442555/7721803 Fax: 677 38730

CITES Management Authority

Ministry of Fisheries and Marine Resources Solomon Islands

7 Palau Nannette Malsol Director of the Bureau of Oceanic Fisheries

Ministry of Natural Resources, Environment and Tourism P.O. Box 359 KOROR 96940 Tel: +680 488 31 25; 767 31 25 Fax: +680 488 35 55 Email: tekoilchei@palaunet.com dillymalsol@gmail.com

CITES Scientific Authority - Fisheries

8 New Zealand

Kathryn Howard International Advisor Strategic Partnerships Team

kahoward@doc.govt.nz Tel +64 4 471 3106

Department of Conservation - Te Papa Atawhai CITES Management Authority http://www.doc.govt.nz

9 New Zealand

Dr Hugh Robertson hrobertson@doc.govt.nz 18-32 Manners Street P.O. Box 10-420 WELLINGTON Tel: +64 (4) 471 32 74 Fax: +64 (3) 381 30 57

Department of Conservation CITES Scientific Authority http://www.doc.govt.nz

10 New Zealand

Dr Wendy Jackson Policy Officer Biodiversity and Chemicals/Waste Environment Division

wendy.jackson@mfat.govt.nz T +64 4 439 8462

New Zealand Ministry of Foreign Affairs and Trade | Manatū Aorere

11 Australia Paul Ryan Environment Manager Policy, Environment, Economics and Research Section

paul.ryan@afma.gov.au Phone: 02 6225 5366

Australian Fisheries Management Authority www.afma.gov.au

26

12 Australia Mandy Goodspeed Senior Policy Officer Sustainable Resource Management Fisheries and Marine Environment

Mandy.goodspeed@daff.gov.au Phone +61 2 6272 5750 Fax +61 2 6272 4875

Department of Agriculture

TRADING NON PARTIES 13 Cook

Islands Jean Florrie Magdalina Nicholls Compliance Officer

jean.nicholls@cookislands.gov.ck PO Box 371 Avarua, Rarotonga Cook Islands phone: +(682) 21256 fax: +(682) 22256

National Environment Service www.environment.gov.ck

14 Tonga Tracy Fishi’kara tfisiikava@tongafish.gov.to CC: nunia.mone@mafff.gov.to losaline.maasi@mafff.gov.to poasif@tongafish.gov.to

Tongan Ministry for Agriculture, Fisheries, Forestry and Food.

15 Kiribati Ms Tereere Tioti ttioti26@gmail.com

OTHER REGIONAL REPRESENTATIVES 16 TRAFFIC Glenn Sant

Fisheries Trade Programme Leader (TRAFFIC) Senior Research Fellow (ANCORS)

University of Wollongong NSW 2522 Australia Email: glenn.sant@traffic.org Mobile: +61 418 416 030 Tel: 61-2-4221 3221

TRAFFIC and Australian National Centre for Ocean Resources & Security (ANCORS) www.traffic.org http://ancors.uow.edu.au/index.html

17 Facilitator Sandy Morison morison.aqsci@gmail.com 28 Wallaby Way, Horseshoe Bay Qld 4819 Australia m 0407 880 479 p 07 4778 5045 www.morisonaqsci.com.au

Morison Aquatic Sciences

18 IUCN Shark Specialist

Professor Colin Simpfendorfer Director

James Cook University Townsville, Qld 4811 Australia E: colin.simpfendorfer@jcu.edu.au W (domestic): 07 4781 5287 W (international): +61 7 4781 5287 M: 0488 407 963 jcu.me/colin.simpfendorfer

Centre for Sustainable Tropical Fisheries and Aquaculture & School of Earth and Environmental Sciences IUCN Shark Specialist Group Chair

19 SPC Lindsay Chapman LindsayC@spc.int Secretariat of Pacific Community

20 CITES David Morgan Chief, Scientific Services Team

david.morgan@cites.org Maison internationale de l'environnement, Chemin des Anemones CH-1219 Chatelaine, Geneva Switzerland Tel: +41 22 917 81 23 Fax: +41 22 797 34 17

CITES Secretariat Web: www.cites.org

21 CCSBT Susie Iball Compliance Manager

SIball@ccsbt.org PO Box 37, Deakin West, ACT 2600, Australia PHONE: 61 2 6282 8396 FAX: 61 2 6282 8407

Commission for the Conservation of Southern Bluefin Tuna Secretariat