Sharks and Manta Rays

Worldwide Trade� Sharks and Manta rays are traded for their meat, fins, and other

products. According to FAO, the top 20 shark fin exporters and importers are (total tones traded in 2000-2009) :

Source: FAO Fishstat

Worldwide Trade� Top 20 shark catchers, 2002-2011 were responsible for nearly 80% of

reported global catches:

- Indonesia and India are responsible for over 20% of global catches

- Argentina, Mexico, Malaysia, Pakistan, Brazil, Thailand, Nigeria, Iran, Sri Lanka and Yemen all together represent 25% of global catches.

Source: TRAFFIC

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Two key standards

of CITES

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[I]

Wildlife trade must not be detrimental

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[II]

Specimens should be legally

obtained

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Less than 10 months to implement the

listings for 5 species of sharks and manta rays

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ç¦ç¦ç¦

CITESlistings

DESIGNATE

AUTHORITIES

REGULATE

TRADELAFsNDFs

10 months to implement

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Implementation

Compliance EffectivenessEnforcement

•Data reporting

•Monitoring

•Non-compliance

•Dispute settle.

•Promote compliance

•Inspection and Controls

•Investigations

•Trials

•Convictions

• Intelligence sharing

•Prevent non-compliance

•Performance

measurement

•Goals, objectives

•Targets

•Accountability

Measures to be taken by the Parties

Institutional frameworks / Authorities

Permit system (NDFs, LAFs)

Robust credible implementation by steps

Second standard

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how to verify that specimens are legally obtained ? Origin,

identification, conformity assessment / compliance with laws

Legal acquisition finding

WHERE IS IT FROM

WILD??

AQUACULTURE??

ORIGIN??

TRACEABILITY??

IDENTIFICATION??? PURPOSE???

SOURCE

Article IV� Paragraph 2 (b) of Article IV of the Convention, regarding the

issuance of permits authorizing the export of sharks and manta rays, is as follow:

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.

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National laws

Legal Acquisition� A legal acquisition finding determines whether

the specimen and its parental stock were:

- Obtained in accordance with the provisions of national laws for the protection of wildlife and plants;

- If previously traded, traded internationally in accordance with the provisions of CITES.

[US Code of Federal Regulations for

Wildlife and Fisheries, 2011]

Shared Responsibility� Exporter’s responsibility:

- Commercial exporters should know and be able to verify the origin of the specimens they have purchased.

- A legal acquisition finding is required to be made prior the issuance of an export permit.

- Management Authorities are entitled to review provided information as well as to require additional information.

- The MA of the State of export is responsible for verifying the legal acquisition before issuing an export permit.

• Importer's responsibility:

- Resolution Conf. 12.3 (Rev.CoP16) recommends that ‘Parties not authorize the import of any specimen if they have reason to believe that it was not legally acquired in the country of origin’.

Process� A finding that a specimen was legally acquired is made in

accordance with national legislation, which may require that:

- The applicant must provide sufficient information (burden of the proof);

- All available information is considered;

- The review of all information is based of a number of specific criteria;

- As necessary, foreign Management and Scientific Authorities, CITES Secretariat and other relevant agencies are consulted.

Some challenges – potential issues

LAF from high seas� Paragraph 6 of Article IV of the Convention, regarding the

issuance of certificates of introduction from the sea from a Management Authorities o f the State of Introduction does not require a legal acquisition finding.

� Although legal acquisition is not an element of IFS under the text of the Convention , Resolution Conf. 14.6 seeks to ensure consistency with RFMO and other measures and to prevent IUU fishing.

� Where two States are involved in IFS, and there is a related export and import, there should be appropriate legal acquisition findings.

Guidance in Res 14.6 (rev. CoP16)� 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:

� 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;

The chain of responsibility� Extended producer responsibility – harvester, trader, vessels, transporter,

broker, etc. Applicant’s due diligence.

� What kind of proof satisfies the MA of the State of export that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora?

- 1. Reference to applicable legislation for harvesting/production;

- 2. Valid written authorization to harvest from the wild or to artificially propagate/cultivate in a particular place;

- 4. Proper equipment or method used to harvest or produce specimens;

- 5. Proof of assigned quota and harvest/production within quota;

- 6. Documentation showing lawful transport from place of harvest to place of storage and/or export (e.g. transport guides);

- 7. Records kept by registered artificial propagation or cultivation operation; periodic government inspections;

- 8. Other?

Harmonised Customs codes� Proposal: to insert shark fins and fish heads, tails, maws and other edible fish

offal in fresh or chilled and frozen forms, with a major emphasis on shark fins, and to introduce shark fins in prepared and preserved form.

� HS 2012 Structure

� 0302.90 -- Livers and roes

� HS 2017 Proposed Structure

� - Fish fins, heads, tails, maws and other edible fish offal :

� 0305.73 -- Dried, whether or not salted, fins of hammerhead sharks (Sphyrnidae), with skin and cartilage

� 0305.74 -- Dried, whether or not salted, fins of oceanic whitetip shark (Carcharhinuslongimanus), with skin and cartilage

� 0305.75 -- Dried, whether or not salted, fins of blue shark (Prionace glauca), with skin and cartilage

� 0305.76 -- Dried, whether or not salted, fins of porbeagle shark (Lamna nasus), with skin and cartilage

� 0305.77 -- Other shark fins

Traceability� Opacity vs. transparency – Use of Innovative Techs.

� Traceability systems facilitate the work of enforcement

authorities (better equipped to confirm legal shipments and

identify fraudulent suppliers).

� Help consumers to distinguish between legal and illegal

products by creating a higher level of reliability and precision

of the CITES permit system.

� More importantly, a robust system will increase species

conservation efforts and local livelihoods and reward law-

abiding companies.

Value chain approach

1. Verifying the source – where, when and how the specimen has been

obtained;

2. Identifying the species and the specimen;

3. Confirm the legality of the acquisition - along the responsibility chain;

Challenge: authorizations issued by the competent authority of the

destination country based on fraudulent LAFs - ‘Parties not authorize the

import of any specimen if they have reason to believe that it was not legally

acquired in the country of origin’.

Exercise to complete during workshop – mapping the chain

Examples of

value chains

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E X P O R T A C IÓ N

A C O P IA D O R

R E C O L E C T O R E S

E X P O R T A D O R

c ap ita l de p rov inc ia

B ueno s A ire s

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Defined Forest Area

Retailer

Certified Logs

Certified Lumber

Mill

Conclusion

� The capacity of range States to implement the shark and manta ray listings strongly DEPENDS on their ability to verify the origin of specimens in trade and establish reliable legal acquisition findings.

� Applicants for an export permit are required to provide sufficient information regarding how the specimens were first acquired.

� CITES Management Authorities of Range States are entitled to scrutinize applications prior to issuing export permits.

� Controls should add value not the contrary (non-intrusive).

CITES and FAO working for legal, sustainable and traceable international trade in sharks and manta rays,

supported by the European Union