On 3rd march 1973 in Washington DC text was agreed upon. The convention entered into force on the 1st of July 1975.
CITES is one of the most effective regulatory structures since it provides sanctions for non-compliance. It is not designed directly to conserve migratory or other species in their habitats or protect them from threat to their existence such as pollution, exploitation or by cates. Its sole aim is to control or prevent inter commercial trade in endangered species or their products. It covers species of plants and animals. Many species are declining because of increased exploitation. A major contributory factor to this is trade as the growth of modern transport facilities by sea, air and land have facilitated the shipping of live animals and plants and their products all over the world. The main reason for its relative effectiveness compared to other treaties is that it has an elaborate workable operational system in which national export/ import permit system is combined with international law and policy particularly in the context of the goal of achieving sustainable development. CITES requires each party to establish at least one management authority and scientific authority, which is responsible for checking that the required conditions for issue of permit (laid down in articles 3, 4 and 5 of each appendix) have been fulfilled and for granting the permit only if they have been complied with. It lays down conditions for export, re-export and import permits as required.
Critics point to over-zealous listing of specimens not seriously endangered, to CITES’ weakness in allowing major exemptions, which provide loopholes for illegal trade, and to the practical difficulties of enforcement, which enable large numbers of species listed on all appendices to escape detection since enforcement is left to individual states parties, whose domestic wildlife laws, scrutiny, and controls vary greatly in scope and stringency of enforcement. Other weakness include the non-binding nature of conference resolutions and the fundamental weakness of the reservations system, which, since it exempts parties formally entering objections to a listing from being bound by it, in effect puts such parties in a position equivalent to non-parties with whom trade is permitted and undermines the treaty regime.
The CITES tries to protect endangered species under appendices. This is called a listing system. They are three. Appendix one through three. Species of flora and fauna was classified under these sections depending on the protection required. The higher the requirement of protection the lower the appendix. So appendix one require a high level of protection that appendix two. Trade under the convention include exchange between scientists, zoos…..its goal is to lower the economic value of these species. This is done through elaborate processes required to trade these endangered species.
Appendix one
The regime under appendix one is provided by article 1(1) of the convention. All the species under this appendix are all the species threatened with extinction and which are or maybe affected by trade. The CITES states that for those species trade in specimens are permitted only under exceptional circumstances. Those circumstances are provided under article 3 of the convention. They must fulfil these requirements
- Export permit issued by the management authority of the state of export. There is also an entity called scientific authority as well as enforcement authority. Under the CITES state parties are allowed to designate one or more entities as management authorities. In Ghana, wildlife division of forest …TIDD- timber. Industry development division. The institute of renewable natural resources, one of the schools in KNUST is the institution Ghana has designated as its scientific authority. They provides technical advisory services.
The export of any specimen of a species included in Appendix I shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:
- a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;
- 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;
- a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and
- a Management Authority of the State of export is satisfied that an import permit has been granted for the specimen.
The import of any specimen of a species included in Appendix I shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate. An import permit shall only be granted when the following conditions have been met:
- a Scientific Authority of the State of import has advised that the import will be for purposes which are not detrimental to the survival of the species involved;
- a Scientific Authority of the State of import is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and
- a Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes.
Features distinguishing appendix one and appendix two
- The requirement of an import permit. An import permit is not required for appendix two species.
- The role of the scientific authority
- The primary commercial purpose
Appendix two
They are species not necessarily threatened with extinction but may become so unless trade in specimens of those species are subjected to strict regulation to avoid utilisation which is incompatible with their survival. Trade in these species is provided for under article four.
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 Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;
- 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
- 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.
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.
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.
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 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;
- 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.
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 Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved;
- 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.
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.
Difference between appendix one and two
- There is no need for an import permit unless it is required under national law.
- It is not necessary that a special place be prepared in the recipient country for the specimen.
- It is not required to show that the trade is not for a primary commercial purpose
- The scientific authority place no role here.
The difference between appendix one and two is that the species in appendix two are species which may become extinct if care is not taken. The species under appendix three are species that are agreed by states unilaterally that they are in need of protection.
Appendix three
Appendix three species are loose species. They are not threatened with extinction or may not be threatened anytime soon. However a particular country had unilaterally declared that they need help in protecting these species. After the declaration in the event a country want to move that species…
The export of any specimen of a species included in Appendix III from any State which has included that species in Appendix III shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:
- a 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
- 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.
The import of any specimen of a species included in Appendix III shall require, except in circumstances to which paragraph 4 of this Article applies, the prior presentation of a certificate of origin and, where the import is from a State which has included that species in Appendix III, an export permit.
In the case of re-export, a certificate granted by the Management Authority of the State of re-export that the specimen was processed in that State or is being re-exported shall be accepted by the State of import as evidence that the provisions of the present Convention have been complied with in respect of the specimen concerned.
Criteria for placing a specie on appendix one or two
The conference of parties determine the species that go into appendix one and two. The conference of parties is the highest decision making body under the CITES. They meet once every two years. They have devolved over time a set of biological and trade criteria which helps determine whether to put a specie on appendix one or two. The location of a specie can be moved to another appendix with time. It is fluid.
There are exceptions to which the strict application of the CITES is relaxed
- Specimens in transit
- Specimens that were acquired before the CITES regime applied to the specimens, all that is needed in a pre-convention certificate
- Specimens that are personal or household effects. This exemption shall not apply where
- in the case of specimens of a species included in Appendix I, they were acquired by the owner outside his State of usual residence, and are being imported into that State; or
- in the case of specimens of species included in Appendix II: they were acquired by the owner outside his State of usual residence and in a State where removal from the wild occurred;
- they are being imported into the owner’s State of usual residence; and
- the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens;
Unless a Management Authority is satisfied that the specimens were acquired before the provisions of the present Convention applied to such specimens.
- Animals that were bred in captivity. Specimens of an animal species included in Appendix I bred in captivity for commercial purposes, or of a plant species included in Appendix I artificially propagated for commercial purposes, shall be deemed to be specimens of species included in Appendix II
- Plants that have been propagated artificially. Where a Management Authority of the State of export is satisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived therefrom, a certificate by that Management Authority to that effect shall be accepted in lieu of any of the permits or certificates required under the provisions of Article III, IV or V.
- Specimens that are destined for scientific research. They are described as non-commercial trade between scientists The provisions of Articles III, IV and V shall not apply to the non-commercial loan, donation or exchange between scientists or scientific institutions registered by a Management Authority of their State, of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material which carry a label issued or approved by a Management Authority
Any animals that are part of a travelling collection or exhibition such a circus. Exhibitions include a zoo. A Management Authority of any State may waive the requirements of Articles III, IV and V and allow the movement without permits or certificates of specimens which form part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition provided that: (a) the exporter or importer registers full details of such specimens with that Management Authority; (b) the specimens are in either of the categories specified in paragraph 2 or 5 of this Article; and (c) the Management Authority is satisfied that any living specimen will be so transported and cared for as to minimize the risk of injury, damage to health or cruel treatment.