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Conclusions
The first conclusion of this paper should be
that CITES is not, except under very specific circumstances, an appropriate
instrument to manage commercially-exploited marine species, in particular those
subject to large-scale fisheries, and to promote their sustainable use. The need
of such management and sustainable use is fully recognized but they should be
left to competent organizations such as FAO and RFMOs, which would have the
possibility at any time to suggest or request an involvement of CITES if they
consider it justified.
With the decision to undertake an appraisal of
the suitability of the CITES criteria for listing commercially-exploited aquatic
species, COFI has implicitly acknowledged that these species may fall within the
purview of CITES. It is therefore important that FAO and other institutions
involved in the management and conservation of marine resources do their best to
ensure the adoption by CITES of criteria acceptable to them. This should be the
work of scientists and technical managers and is not dealt with in this paper.
This action has started with the preparation of Fisheries Circular No. 954 and
has continued with the Technical Consultation. The participation of a
representative of FAO in the CITES Criteria Working Group is also part of the
exercise and it is hoped that FAO, RFMOs, their Member States, the fisheries
industry and relevant NGOs will also contribute in sending their comments to the
CITES Secretariat now that the report of the CITES Criteria Working Group and
the proposed revised criteria have been circulated.
Nevertheless, this would not be sufficient
because it is difficult to believe that criteria, as good as they could be,
would always prevent the listing of species in CITES appendices against the wish
of the fisheries community. To guarantee that, further work should be undertaken
before the 12th meeting of the Conference of the Parties to CITES, where the
revised criteria should be adopted and where marine species might be proposed
for inclusion in CITES appendices. Considering that CoP12 should be held during
the second half of 2002, the time available is not so long. In addition, the
fact that the only meeting of COFI before CoP12 will take place in February 2001
should not facilitate the adoption of decisions that may be significant for the
future of the relationship between FAO, fisheries bodies and CITES.
The following actions appear necessary, some
of which are fully or partially covered by recommendations to COFI of the FAO
Technical Consultation:
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To contribute
to the adoption of biological criteria, definitions and guidelines for inclusion
in CITES Appendix I that would prevent the listing in that appendix of species
(including stocks) even if they may be momentarily over-exploited but are not
actually endangered.
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To contribute
to the adoption of criteria, definitions and guidelines for inclusion in CITES
Appendix II that would prevent the listing in that appendix of species
(including stocks) simply because they appear in international trade or look
like such species.
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To contribute
to the revision of other parts of Resolution Conf. 9.24, including the
precautionary measures, to ensure that they are not in contradiction with but
take into account the interests of the fisheries community.
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To review
problems in relation to listing fisheries resources in Appendix I, II or III.
This should be one of the tasks of the working group of technical experts
recommended by the Technical Consultation. This paper should facilitate this
review.
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To propose
solutions, through the criteria or otherwise, to the problems identified, and a
more convenient alternative to the listing of species (including stocks) in
CITES appendices.
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To determine
the circumstances or conditions that could justify the listing of marine
resources in CITES appendices as a complementary management tool to conserve
them and ensure their sustainable use (e.g. on the basis of the three V criteria
described in Fisheries Circular No. 954).
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To prepare a
memorandum of understanding or similar document to define the relationship
between FAO and/or RFMOs and CITES with the intent, in particular, to prevent
the listing in CITES appendices of marine resources against the interests and
wish of the fisheries community.
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To develop
mechanisms or other means to ensure co-ordination at the national level, where
appropriate, between fisheries and CITES authorities, for the preparation of
amendment proposals to CITES appendices, the analysis of and taking of decisions
on amendment proposals submitted by other Parties and the establishment of the
national delegation to CITES meetings.
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To develop a
mechanism to ensure that FAO and RFMOs are properly and timely informed of
relevant amendment proposals to CITES appendices, in accordance with Article XV
of the Convention, and that they have the authority and possibility to express
their views and recommendations to the CITES Secretariat and at meetings of the
Conference of the Parties and that they do express them.
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Last but not
least, to make every efforts to ensure that marine resources are properly
managed and sustainably used to prevent the use of mismanagement as a pretext to
list such resources in CITES appendices.
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