CoP14 Doc. 20.1 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA ____________________ Fourteenth meeting of the Conference of the Parties The Hague (Netherlands), 3-15 June 2007 Interpretation and implementation of the Convention Review of Resolutions and Decisions Review of Resolutions RESOLUTIONS RELATING TO APPENDIX-I SPECIES 1. This document has been prepared by the Secretariat. 2. At its 13th meeting (Bangkok, 2004), the Conference of the Parties adopted Decision 13.21 as follows: The Secretariat shall, in consultation with the Standing Committee, examine all species-specific Resolutions concerning Appendix-I species with a view to preparing a consolidated resolution concerning the enforcement of trade controls for all Appendix-I species for consideration at the 14th meeting of the Conference of the Parties. 3. At its 54th meeting (Geneva, October 2006), the Standing Committee approved the Secretariat’s plan (in document SC54 Doc. 17) to prepare two sets of draft consolidated resolutions relating to Appendix-I species; Resolutions relating to hunting trophies; and Resolutions relating conservation of and trade in specimens of specific species. The Committee also requested the Secretariat to consult with Parties that had expressed a wish to be consulted. This was done in the compilation of the present document. 4. a) Annex 1 includes a draft consolidated resolution with the original text of the following Resolutions related to hunting trophies for Appendix-I species: – Conf. 10.14 (Rev. CoP13) on Quotas for leopard hunting trophies and skins for personal use; – Conf. 10.15 (Rev. CoP12) on Establishment of quotas for markhor hunting trophies; – Conf. 13.5 on Establishment of export quotas for black rhinoceros hunting trophies; – Conf. 2.11 (Rev.) on Trade in hunting trophies of species listed in Appendix I; and – Conf. 9.21 (Rev. CoP13) on The interpretation and application of quotas for species included in Appendix I. b) In that Annex, the left-hand column contains the text of the draft consolidated resolution, and the right-hand column indicates the source of the text and, where the Secretariat proposes to make a change, a comment regarding the proposed change. Some minor changes that were purely editorial have not been indicated, for instance the standardization of the references to the Articles of the text of Convention. Finally the Resolutions have been compiled following the taxonomic order of the species they apply to, and in chronological order of their adoption for the rest. CoP14 Doc. 20.1 – p. 1 c) Annex 2 contains the revised version of the draft consolidated resolution proposed by the Secretariat, taking into account the comments in Annex 1. 5. a) Annex 3, which has been compiled following the same approach as for Annex 1, includes a draft consolidated resolution with the original text of the following Resolutions related to conservation of and trade in specimens of Appendix-I species, namely: – Conf. 9.14 (Rev. CoP13) on Conservation of and trade in African and Asian rhinoceroses; – Conf. 11.8 (Rev. CoP13) on Conservation of and control of trade in the Tibetan antelope; – Conf. 12.5 on Conservation of and trade in tigers and other Appendix-I Asian big cat species; and – Conf. 13.4 on Conservation of and trade in great apes. b) Annex 4 contains the revised version of the draft consolidated resolution proposed by the Secretariat, taking into account the comments in Annex 3. 6. The Secretariat has previously been requested to prepare draft consolidated resolutions without amending the substance as far as possible and it has followed this approach in preparing the present document. As usual however, this does mean that the preambles in the consolidated versions, as well as the operative parts, are very long. It would be desirable in the next review of Resolutions to consider ways of simplifying these texts. 7. The Conference of the Parties is invited to adopt the draft consolidated resolutions in Annexes 2 and 4. CoP14 Doc. 20.1 – p. 2 CoP14 Doc. 20.1 Annex 1 DRAFT CONSOLIDATED RESOLUTION OF THE CONFERENCE OF THE PARTIES Hunting trophies for Appendix-I species Text from existing Resolutions Secretariat’s comments RECALLING Resolutions Conf. 2.11 (Rev.), adopted New introductory paragraph that replaces first by the Conference of the Parties at its second para. of the preamble of Conf. 10.14 meeting (CoP2, San José, 1979) and amended at (Rev. CoP13). The references to meetings of the CoP9 (Fort Lauderdale, 1994); Conf. 9.21 Conference of the Parties are abbreviated to 'CoP' (Rev. CoP13), adopted at CoP9 and amended at (in all three working languages). CoP13 (Bangkok, 2004); Conf. 10.14 (Rev. CoP13), adopted at CoP10 (Harare, 1997) and amended at CoP12 (Santiago, 2002) and CoP13; Conf. 10.15 (Rev. CoP12) adopted at CoP10 and amended at CoP11 (Gigiri, 2000) and CoP12, and corrected by the Secretariat following CoP13; and Conf. 13.5, adopted at CoP13; RECALLING that export quotas for hunting trophies New paragraph, which is self-explanatory. are recorded not only in Resolutions but also in the Appendices of the Convention; CONSIDERING the need of uniform interpretation of From Conf. 2.11 (Rev.), first para. of the the Convention with regard to hunting trophies; preamble. RECALLING Resolution Conf. 6.7, adopted at CoP6 From Conf. 9.21 (Rev. CoP13), first to fifth paras. (Ottawa, 1987), calling on Parties to consult with of the preamble with some editorial changes, in range States prior to taking stricter domestic particular to remove references to the place and measures pursuant to Article XIV which may time of meetings of the Conference of the Parties interfere with trade in wild animals and plants, and already mentioned above. Resolution Conf. 8.21, adopted at CoP8 (Kyoto, 1992), requiring consultation between proposing States and range States; RECALLING Resolution Conf. 8.3 (Rev. CoP13), The word ‘revised’ has been replaced with adopted at CoP8 and revised amended at CoP13, ‘amended’ for terminological consistency. recognizing the benefits of the use of wildlife; RECALLING in particular the Preamble to the Convention which states that peoples and States are and should be the best protectors of their own wild fauna and flora; RECALLING Resolution Conf. 4.6 (Rev. CoP13), The Secretariat suggests deleting the fourth adopted at CoP4 (Gaborone, 1983) and amended at paragraph (crossed-out) as this information is CoP10, CoP12 and CoP13, which recommends that provided in the operative part in paragraph a), first the text of any document submitted for AGREES. consideration at a meeting of the Conference of the Parties be communicated to the Secretariat at least 150 days before the meeting; RECOGNIZING the supreme importance of cooperative and mutual action as called for at the United Nations Conference on Environment and Development in 1992 at Rio de Janeiro and as embodied in the Convention on Biological Diversity; CoP14 Doc. 20.1 – p. 3 Text from existing Resolutions Secretariat’s comments AWARE that the Parties have set quotas for the From Conf. 9.21 (Rev. CoP13), sixth para. of the export of specimens of the leopard (Panthera preamble. pardus), various crocodilians, and the cheetah The reference to the leopard is a reference to (Acinonyx jubatus); Resolution Conf. 10.14 (Rev. CoP13), which is integrated in the present draft resolution, so there is no need to repeat it here. The references to other species relate to quotas set in the Appendices. As the Appendices include other quotas, such as for Chaetophractus nationi,. the Secretariat suggests deleting this paragraph. AWARE that it is the understanding and practice of From Conf. 9.21 (Rev. CoP13), seventh and the majority of Parties that the establishment of eighth paras. of the preamble. quotas by the Parties satisfies the required findings that the export of a specimen will not be detrimental to the survival of the species and that the import of that specimen will not be for purposes detrimental to the survival of the species, provided that the export is within the limits set in the quota; AWARE however that the failure of some Parties to adhere to this majority understanding has had negative consequences on the conservation of species by range States; RECALLING that, with the exception of the rare From Conf. 10.14 (Rev. CoP13), second para., cases of exemptions granted under Article VII of the and Conf. 10.15 (Rev. CoP12), first para. of the Convention, commercial trade in Appendix-I species preambles. is prohibited; RECALLING that the leopard (Panthera pardus) was Compilation and standardization of text from included in Appendix I in 1975, the black rhinoceros Conf. 10.14 (Rev. CoP13), third para., (Diceros bicornis) in 1977 and the markhor (Capra Conf. 10.15 (Rev. CoP12), second para., and falconeri) in 1992; Conf. 13.5, first para., of the preambles. RECOGNIZING that in some sub-Saharan countries From Conf. 10.14 (Rev. CoP13), fourth para. of the population of the leopard is not endangered; the preamble. RECOGNIZING also that the killing of leopards may From Conf. 10.14 (Rev. CoP13), fifth para. of the be sanctioned by countries of export in defence of preamble. The word ‘also’ has been deleted as it life and property and to enhance the survival of the is no longer consistent with the placing of this species; paragraph. RECOGNIZING the desire of the Parties that the From Conf. 10.14 (Rev. CoP13), tenth para. of commercial market for leopard skins should not be the preamble. reopened; RECOGNIZING that the black rhinoceros is From Conf. 13.5, second para. of the preamble. threatened in parts of its range by illegal hunting, and fragmentation and loss of its habitat; RECOGNIZING also that the species black From Conf. 13.5, third para. of the preamble.