Convention on International Trade in Endangered Species Framework

Convention on International Trade in Endangered Species (Cites) New Framework on Introduction From the Sea in 2013

United States views on international law [1] in relation to Cites New Framework on Introduction From the Sea: At the 16th Conference of the Parties (CoP16) to the Convention on International Trade in Endangered Species (“CITES”) in March 2013, the Parties adopted a new framework for implementation of CITES provisions on “introduction from the sea.” CITES Resolution Conf. 14.6 (Rev. CoP16). “Introduction from the sea” refers to the taking of CITES-listed species from a marine area beyond the jurisdiction of any State (e.g., the high seas) and transporting them into a State. The U.S. National Oceanic and Atmospheric Administration (“NOAA”) within the Department of Commerce published a fact sheet on the new framework, available at (link resource) nmfs.noaa.gov/ia/agreements/global_agreements/cites_page/cites.pdf. The NOAA fact sheet hails the CITES resolution on introduction from the sea: “This new framework will provide certainty and consistency regarding which CITES documents are issued and which Party is responsible for issuing these documents. It is a pragmatic and effective permitting scheme for CITES specimens taken on the high seas.” The fact sheet continues:

Some Aspects of Cites New Framework on Introduction From the Sea

Within the new framework, if a vessel harvests CITES-listed specimens on the high seas and delivers them to the same country in which it is flagged, Parties will treat the transaction as an introduction from the sea and issue an introduction-from-the-sea certificate. Under this scenario, there is only one country involved…

Developments

If there is more than one country involved in the trade (the vessel that harvests the specimens delivers them to a country other than the country to which it is flagged), CITES Parties will treat the transaction as an export and require the issuance of an export permit by the country to which the harvesting vessel is flagged….

Details

…A narrow exception, to accommodate some chartering arrangements, was incorporated into the new framework. Under the exception, when one country charters a vessel flagged to another country and that vessel harvest CITES-listed specimens on the high seas, the two countries involved could reach an agreement to allow the country that chartered the vessel to issue an introduction-from-the-sea certificate…

Resources

Notes

1. Cites New Framework on Introduction From the Sea in the Digest of United States Practice in International Law