Introduction From the Sea (IFS)

Similar documents
Overview. IFS: Resolution Conf (Rev. CoP16) IFS-related Decisions adopted at CoP16:

Conf Introduction from the sea. (Rev. CoP16)

Original language: English SC69 Doc. 36 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

Original language: English CoP18 Doc. 52 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

COMMISSION IMPLEMENTING REGULATION (EU)

(Non-legislative acts) REGULATIONS

Annex 1 - Fragmented Ocean Governance: Positioning UN Environment within the Ecosystem of Ocean Management Arrangements

CITES and Sharks and Manta Rays. CITES Secretariat Geneva

Case 3:17-cr JLS Document 1 Filed 04/26/17 PageID.1 Page 1 of 8 UNITED STATES DISTRICT COURT. SOUTHERN DISTRICT OF falifornia

IUU Fishing and the rights of work in international law. Mazara del Vallo, 1 December note from. Brandt Wagner. Senior Maritime Specialist

Explanatory Memorandum to The Sea Fishing (Miscellaneous Amendments) Regulations 2018

The 1982 United Nations Convention on the Law of the Sea and maritime safety in the fishing sector

Law of the sea. UN Convention on the Law of the Sea

FIRST MEETING OF THE PARTIES TO THE FAO AGREEMENT ON PORT STATE MEASURES. Oslo, Norway, May 2017

The role of CITES and key issues for CoP17 (Johannesburg, 24 Sept - 5 Oct 2016)

Possible ways to highlight to the international community the need for a new instrument regulating the laying and protection of submarine cables

INTER-AMERICAN TROPICAL TUNA COMMISSION 90 TH MEETING

Prospects for Regional Cooperation on Fisheries in the ASEAN Region

Towards a Possible International Agreement on Marine Biodiversity in Areas Beyond National Jurisdiction

EU-MERCOSUR CHAPTER. Article 1. Objectives and Scope

JURISDICTION AND CONTROL AT SEA Some environmental and security issues

TRADE AND SUSTAINABLE DEVELOPMENT

FOURTH REGULAR SESSION 3-7 December 2007 Tumon, Guam, USA JOINT MEETING OF TUNA RFMOs, KOBE, JAPAN, JANUARY 2007: OUTCOMES

MODEL ANIMAL WELFARE PROVISIONS FOR EU TRADE AGREEMENTS

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

NHM ABS Training: 1. Access and Benefit-Sharing and the Nagoya Protocol. Chris Lyal

Explanation of proposed amendments to the CITES Secretariat s draft MOU between CITES and FAO

Proposal for a COUNCIL IMPLEMENTING DECISION

TRADE AND SUSTAINABLE DEVELOPMENT

CONSERVATION MEASURE (2009) Scheme to promote compliance by non-contracting Party vessels with CCAMLR conservation measures.

Proposal for a COUNCIL DECISION

Original language: English SC70 Doc. 35 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

RFMOs and the Development of High Seas Fisheries Regulations

2018 No. 643 SEA FISHERIES. The Sea Fishing (Miscellaneous Amendments) Regulations 2018

29 May 2017 Without prejudice CHAPTER [XX] TRADE AND SUSTAINABLE DEVELOPMENT. Article X.1. Objectives and Scope

Seafood Watch, Liberty Asia & Sustainable Fisheries Partnership: Seafood Slavery Risk Tool Fishery Profile Data Analysis

Commonwealth Blue Charter

Agenda Item J.3.a Attachment 1 November ST MEETING OF THE INTER-AMERICAN TROPICAL TUNA COMMISSION SUMMARY OF OUTCOMES.

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (CASE NO. 21) REQUEST FOR AN ADVISORY OPINION SUBMITTED BY THE SUB- REGIONAL FISHERIES COMMISSION (SRFC)

Thailand Taking Action against Illegal, Unreported and Unregulated Fishing (IUU) (Continued)

CONVENTION ON THE CONSERVATION AND MANAGEMENT OF HIGH SEAS FISHERIES RESOURCES IN THE NORTH PACIFIC OCEAN

12083/08 DSI/JGC/kjf DG B III

TRADE AND SUSTAINABLE DEVELOPMENT

ICSP11/UNFSA/INF.3 14 May 2015

REGULATIONS EN Official Journal of the European Union L 286/1

International Disputes Concerning Marine Living Resources: Challenges to International Law and Way Forward. Dan LIU

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA REQUEST FOR AN ADVISORY OPINION SUBMITTED BY THE SUB REGIONAL FISHERIES COMMISSION (SRFC)

Original language: English CoP18 Doc. 39 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

CURRENT STATUS EFFECT OF DRAFT RESOLUTION SSN POSITION

The Evolving Legal Regime on Marine Biodiversity Beyond Areas of National Jurisdiction

(New York, March 2010) Report SUMMARY

The EU approach to the protection of the European eel. DAGMAR Zíková CITES Scientific Officer European Commission

Commonwealth Blue Charter. Shared Values, Shared Ocean. A Commonwealth Commitment to Work Together to Protect and Manage our Ocean

Commonwealth Blue Charter. Shared Values, Shared Ocean. A Commonwealth Commitment to Work Together to Protect and Manage our Ocean

International legal instruments applied to the conservation of marine biodiversity in the Mediterranean region and actors responsible for their

ANNEX ANNEX. to the. Proposal for a Council Decision

Conf (Rev. CoP13) *

21ST SPECIAL MEETING OF THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS (ICCAT) (Dubrovnik, Croatia, November, 2018)

Emergency Permitting for Marine Mammals

COUNTRY DISAGGREGATION OF CATCHES OF THE FORMER SOVIET UNION (USSR) 1

ASEAN & the South China Sea Disputes

TITLE 51 - MANAGEMENT OF MARINE RESOURCES 51 MIRC Ch. 4 CHAPTER 4. FISHING ACCESS AND LICENSING ARRANGEMENT OF SECTIONS

House of Commons. Thursday 13 December 2018 PUBLIC BILL COMMITTEE PROCEEDINGS FISHERIES BILL [SEVENTH AND EIGHTH SITTINGS]

Port State Measures Agreement: Why Seafood Buyers Should Help

Facts and Figures: Thailand s Tangible Progress in Combatting IUU Fishing and Forced Labour

ICSP12/UNFSA/ INF.3 20 May 2016

The Evolving Balance Between Coastal State Rights and High Seas Freedoms: Current Developments and Future Prospects ABLOS Monaco, Oct.

**********************

Proposed Possible Solutions to Implement Port State Measures Agreement in Southeast Asia

Chapter 391. International Trade (Fauna and Flora) Act Certified on: / /20.

MEMORANDUM OF UNDERSTANDING ON THE CONSERVATION OF MIGRATORY SHARKS

EUROPEAN COMMISSION DIRECTORATE-GENERAL ENVIRONMENT

The Five-Plus-Five Process on Central Arctic Ocean Fisheries in the Context of the Evolving International Law Relating to the Sea and the Arctic

Original language: English CoP18 Doc. 53 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

MEMBERSHIP PROCESS IN WCPFC. Discussion Paper by United States of America

Can the COC Establish a Framework for a Cooperative Mechanism in the South China Sea? Robert Beckman

Co-Chairs' Summary Report ARF Workshop on Illegal, Unregulated and Unreported (IUU) Fishing Bali, Indonesia, 19-21April 2016

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING

Original language: English AC30/PC24 Com. 3 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

NEW HORIZONS IN THE LAW OF THE SEA

Convention on the Conservation of Migratory Species of Wild Animals

Responding to Illegal Foreign Fishing in Indonesian and Australian waters a comparative analysis PROFESSOR MELDA KAMIL ARIADNO AND ALISTAIR WYVILL SC

Professor Ronán Long WP Leader Governance MERCES Project & Nippon Foundation Professor Ocean Governance World Maritime University, Malmö, Sweden

Marine spaces Act, 1977, Act. No. 18 of 15 December 1977, as amended by the Marine Spaces (Amendment) Act 1978, Act No. 15 of 6 October 1978

TRAFFIC Recommendations on selected Agenda Items for the 15 th Meeting of the Conference of the Parties to CITES

CITES Decisions Decisions of the Conference of the Parties to CITES in effect after the 13th meeting

CONVENTION ON MIGRATORY SPECIES

Australia and International Developments relevant to Biodiversity in 2016

n67 Agreement reached in June 1992 between Colombia, Cost Rica, Ecuador, Mexico, Nicaragua, Panama, the United States, Vanuatu and Venezuela.

Original language: English CoP17 Doc. 80 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

TREATY BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON PACIFIC COAST ALBACORE TUNA VESSELS AND PORT PRIVILEGES

LABOR ISSUES, MIGRATORY WORKFORCE, WORKING CONDITIONS AND SAFETY AT SEA

Fisheries Centre Research Reports

REPORT OF THE TWENTIETH MEETING OF THE FISHERIES CONSULTATIVE GROUP OF THE ASEAN-SEAFDEC STRATEGIC PARTNERSHIP (FCG/ASSP)

T R A N S L A T I O N REPUBLIC OF PANAMA MINISTRY OF AGRICULTURE DEVELOPMENT. EXECUTIVE DECREE No. 160 (June 6, 2013)

CSCAP WORKSHOP ON UNCLOS AND MARITIME SECURITY IN EAST ASIA MANILA, MAY 27, 2014

Official Journal of the European Union L 109/3. FISHERIES PARTNERSHIP AGREEMENT between the Gabonese Republic and the European Community

Nations Convention of the Law of the Sea United Nations Treaty Series Research of Case Law SOURCE: 2002 Revised Manual of Clerks of Court.

ANTI HUMAN TRAFFICKING, ANTI IUU FISHING AND PROMOTING SUSTAINABLE FISHING

Transcription:

Introduction From the Sea (IFS) 1

3 Introduction From the Sea (IFS) One of 4 types of trade regulated by CITES A prior grant of an IFS certificate is required [Convention Article III 5 and Article IV 6 and 7] Involves specimens taken in the marine environment not under the jurisdiction of any State [Convention Article I(c)] import export re-export introduction from the sea

marine environment not under the jurisdiction of any State 4 (commonly known as) High seas The Conference of the Parties (CoP) has agreed that this means: those marine areas beyond the areas subject to the sovereignty or sovereign rights of a State, consistent with international law, as reflected in the United Nations Convention on the Law of the Sea" [Resolution Conf. 14.6 (Rev. CoP16)]

5 The world s high seas 71% of the Earth is covered by ocean 64% of the ocean is considered high seas/ international waters The high seas cover 45% of the Earth s surface Source: Fisheries and Oceans Canada

7 What is IFS? Transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State Need for a common understanding to facilitate the standard implementation of trade controls [Resolution Conf. 14.6 (Rev. CoP16), preamble]

8 What is IFS? Transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State???? Source: Fisheries and Oceans Canada

9 What is IFS: issues to consider What is being taken? Is the specimen listed in CITES Appendix I or II? Who is taking it? Which State owns the vessel? Is the vessel chartered? Where is it taken from? In which State was it landed? IFS? export

10 IFS is a one-state transaction A A The same State Takes the specimens from the high seas; Serves as the State of introduction; and Issues an IFS certificate.

11 Two or more States = export/import A B State of export State of import

13 IFS certificate = traceability A CITES certificate must be issued by the State of introduction, and the source code X be used to indicate IFS X X CITES certificate Annual reports CITES trade database [Resolution Conf. 12.3 (Rev. CoP16) section I(i)]

14 IFS for Appendix-I specimens Before an IFS certificate is granted, the State of introduction must ensure: Non-detriment (sustainability) finding (NDF) Specimen not to be used for primarily commercial purposes Recipient of living specimen suitably equipped to house and care for it Scientific Authority Management Authority [CITES Art III 5]

15 IFS for Appendix-II specimens Before an IFS certificate is granted, the State of introduction must ensure: Non-detriment (sustainability) finding (NDF) Scientific Authority Living specimen handled so as to minimize the risk of injury, damage to health or cruel treatment Management Authority [CITES Art IV 6 and 7] may involve consultation with other national SAs or international scientific authorities

16 No IFS for Appendix-III specimens Introduction from the sea does not apply to Appendix-III specimens [CITES Art V] Brown sea cucumber (Isostichopus fuscus) (Included in Appendix III by Ecuador)

18 IFS involves consultation & cooperation with Regional Fishery Management Organizations and Arrangements (RFMO/As) with FAO s progress to promote responsible fisheries, e.g. IPOA-Sharks and 2009 Port State Measures Agreement [Resolution Conf. 14.6 (Rev. CoP16)]

Regional Fisheries Management Organizations (RFMOs) and Regional Fishery Bodies (RFBs) 19

20 IFS: consistency with applicable measures Parties take into account whether or not the specimen is acquired and landed: In a manner consistent with applicable measures under international law, e.g. other treaty, convention, agreement; and through any illegal, unreported or unregulated (IUU) fishing activity. [Resolution Conf. 14.6 (Rev. CoP16)]

21 Relationship with other laws & conventions Parties respect obligations which are IFS [CITES Art XIV] Other laws and conventions deriving from conventions which are in force at the time CITES entered into force, and which afford protection to marine species in App II related to codification and development of the UN Convention on the Law of the Sea (UNCLOS)

22 UNCLOS and BBNJ UNCLOS: sets out the legal framework for all activities in the oceans and seas; has gaps regarding biodiversity in areas beyond national jurisdiction (ABNJ).

23 UNCLOS and BBNJ Since 2004: Ad hoc Open-ended Informal Working Group (aka biodiversity beyond national jurisdiction or BBNJ working group) In Rio+20 outcome documents States committed to take a decision on the development of an international instrument under UNCLOS by 69th General Assembly Scope: high seas and deep seabed [Source: Riccardo Pravettoni, UNEP/GRID-Arendal, 2009]

24 UNCLOS and BBNJ January 2015: BBNJ working group recommended to the General Assembly to develop an international instrument under UNCLOS: Marine genetic resources including access & benefit sharing Area based management tools, including marine protected areas Environmental Impact Assessments Capacity building and technology transfer Fisheries are excluded (tentatively) Work of the Preparatory committee will commence in 2016 and report by the end of 2017

25 IFS: areas of further work Chartering arrangements Chartering applies to a very small % of cases Special rules exist on chartering [Decisions 16.48 16.51] C A

26 Basic chartering situations Chartering State and vessel registration State are different States C A Company in State C = Chartering State Boat registered in State A = Vessel registration State

27 Basic chartering situations C C Specimens transported into chartering State = IFS A A B Specimens transported into another State = export/import

28 IFS: guidance on chartering situations applies under the following conditions: The operation is under a written arrangement (between the State where the vessel is registered and the chartering State, consistent with the framework on chartering operations of a relevant RFMO/A) CITES Sec informed of the arrangement in advance of its entry into effect CITES Sec makes the arrangement available to all Parties and to any relevant RFMO/A [Resolution Conf. 14.6 (Rev. CoP16)]

29 IFS: areas for further work on chartering Conditions for making NDFs Conditions for IFS certificate issuance Relationship between chartering and vessel registration States Capacity of chartering and vessel registration States [CoP Decisions 16.48 16.51] C A

30 IFS: areas for further work high seas transshipment between vessels registered in different States?

31 IFS: areas for further work Capacity building & special requirements of developing States Develop tools and materials (e.g. on CITES Virtual College) EU-CITES project

32 Thank you for your attention! CITES and FAO working for legal, sustainable and traceable international trade in sharks and manta rays, supported by the European Union