COFI has emphasised that the relationship between the CITES rules and
other legal instruments needs to be addressed. This pertains in particular
to the Law of the Sea Convention, the 1995 Fish Stocks Agreement and the
1994 GATT and its covering agreements. Among the issues that need to be
clarified are that of the appropriate best scientific evidence available
and the relationship between the like products clause of GATT and the
look-alike provision.
Fundamentally, the UN Law of the Sea Convention leaves coastal states
with the authority to decide on conservation and management of fish stocks
in their EEZ. The current proposals for a greater CITES involvement in this
realm represents a challenge to that principle. The nature of that
challenge is fundamental, indeed, and needs to be addressed in a
comprehensive manner.
Consequently, there is a need for further exploring with regard to
consequences of listing commercial fish stocks before anything is decided
on this matter by CITES.
