Wildlife trade and conservation
Comments are invited from interested individuals and organisations on CoP 15 proposals and agenda items.
To be considered comments must be received by Friday 8 January 2010.
Unregulated trade in wildlife has become a major factor in the decline of many species of animals and plants. In 1975 an international convention was established to prevent international trade from threatening species with extinction. This treaty is known as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Visit the CITES International web site
Australia is one of more than 150 countries that are a party to CITES. Each member country controls the import and export of an agreed list of species that are endangered, or at risk of becoming endangered, due to inadequate controls over trade in them or their products.
CITES became enforceable under Australian law on 27 October 1976. In Australia, CITES initially was enforced under the Customs (Endangered Species) Regulations and then by the Wildlife Protection (Regulation of Exports and Imports) Act 1982. Under amendments effective from 11 January 2002 the legislative basis for meeting Australia's responsibilities under CITES is now provided by Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
CITES has established a worldwide system of controls on international trade in threatened wildlife and wildlife products by stipulating that government permits are required for such trade. Security paper and stamps are often used for these permits to prevent forgery.
CITES places species into three categories based on their conservation status and the risk from trade. Lists of species in each category are compiled as three separate appendices to the Convention. The wildlife provisions of the EPBC Act consolidate the CITES appendices into a single list that clearly identifies the conditions or restrictions that apply to each specimen, the appendix under which it has been listed and the date of listing.
The Minister may apply stricter domestic measures to identified CITES species through declarations made under the Act. Such declarations would result in particular species or products being regulated more strictly than provided by their CITES classification. For example, such a declaration may have the effect of treating a specimen that is listed in CITES Appendix II as if it were listed under Appendix I. Details of the conditions applying to species or specimens subject to such declarations are maintained by the Department of the Environment, Water, Heritage and the Arts through this web site.
The text of the Convention can be accessed through the CITES web pages.
These are species threatened with extinction and that are, or may be affected by trade. Among the species listed are: apes, lemurs, the giant panda, many South American monkeys, great whales, cheetah, leopards, tiger, elephants, all rhinoceroses, many birds of prey, cranes, pheasants, parrots, all sea turtles, some crocodiles and lizards, giant salamanders, some mussels, orchids, cycads and cacti.
These are species that, although not threatened with extinction now, might become so unless trade in them is strictly controlled and monitored. CITES Appendix II also includes some non-threatened species, in order to prevent threatened species from being traded under the guise of non-threatened species that are similar in appearance.
These are species that any CITES Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation and that require the cooperation of other countries in the control of trade.
Each Party or member country of CITES is obliged to designate Management and Scientific Authorities.
Management Authorities are responsible for:
The Management Authority for CITES in Australia is the Commonwealth Minister for the Environment.
Scientific Authorities are responsible for providing scientific advice and recommendations to the Management Authorities. For example, Scientific Authorities can provide advice about:
The Scientific Authority for CITES in Australia is the Secretary of the Australian Government Department of the Environment, Water, Heritage and the Arts.
The import or export of CITES specimens may be permitted if it is for an eligible non-commercial purpose. Eligible non-commercial purposes include research, education, exhibition, conservation breeding or propagation, a travelling exhibition or as a household pet or personal item. Strict criteria apply to recognition of these eligible purposes.
Regulated commercial trade in CITES listed species may occur subject to specific conditions related to the particular appendix on which the species is listed and whether the specimen is being imported or exported. Australia does not permit the export of live native mammals, amphibians, reptiles or birds for commercial purposes.
The Convention provides for a number of exemptions to the permitting requirements for CITES species.
CITES permits are not required for specimens that were acquired before CITES applied to that species. The Management Authority would need to be satisfied that the specimen was indeed acquired prior to that date, before issuing the certificate.
The EPBC Act provides for the recognition of pre-CITES certificates and an appropriately issued CITES certificate will be sufficient to import the specimen it identifies. The Australian CITES management authority may issue pre-CITES certificates for the export of specimens from Australia.
The non-commercial exchange, loan or donation of scientific specimens may be exempt from CITES permitting requirements if the Minister has determined under the regulations that it is a registered exchange between scientific organisations. Strict conditions (Regulation 9A.01) must be met for the import or export of specimens to be determined to be a non-commercial scientific exchange.
Countries may exempt identified personal effects from all permitting requirements in accordance with Paragraph 3 of Article VII of CITES. In this way, certain CITES Appendix II specimens are currently exported, in full compliance with CITES, without an export permit.
The EPBC Act provides that the Minister may recognise personal effects as exempt from the permitting requirements in specific instances. Where a CITES listed specimen is proposed to be exported and is identified in the regulations (Schedule 4A) as a personal or household item, no export permit is required.
The import of non-live CITES Appendix II specimens may be allowed without a permit provided that it is in the personal baggage of a person entering Australia, it is not intended for sale or any other commercial purpose, the quantity of the specimen does not exceed any applicable quantitative limit and permission to export the specimen has been obtained from the CITES authority in the country from which the specimen is proposed to be exported. This exemption does not apply, however, to specimens that are specifically listed in the regulations (9A.04) by the Minister as requiring an import permit. Species listed by regulation will continue to require an import permit, as well as a valid export permit from the exporting country. For example CITES Appendix II hunting trophies require an import permit.
For CITES Appendix II specimens which are subject to a personal effects derogation from the exporting country, no documents are issued. In this case, the Minister has the discretion to recognise the derogations of certain countries, and to list them.
Enforcement of CITES is the responsibility of member countries. In most countries, customs officers are given the task of enforcing CITES regulations. Governments also are required to submit reports, including trade records, to the CITES Secretariat in Switzerland. To ensure effective enforcement at the international level, the CITES Secretariat in Switzerland acts as a clearinghouse for the exchange of information and liaison between the parties and with other authorities and organisations.
In Australia, the International Wildlife Trade Section of the Department of the Environment, Water, Heritage and the Arts is responsible for the coordination of enforcement matters. Most investigations are undertaken by the Australian Customs Service or the Australian Federal Police.
Further details about CITES can be found on the CITES web site.
For a comprehensive understanding of the legislative provisions relating to Australia's involvement in CITES, you should refer directly to the:
If you need more information or assistance with a CITES-related inquiry within Australia, please contact:
The Director
International Wildlife Trade
Department of the Environment, Water, Heritage and the Arts
GPO Box 787
Canberra ACT 2601
Telephone: (02) 6274 1900
Facsimile: (02) 6274 1921
Email: wildlifetrade@environment.gov.au