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Excerpts from C.I.T.E.S

The Convention on International Trade concerning Endangered Species of Wild Fauna and Flora (C.I.T.E.S.)


Contents:
Subpart A - Introduction
23.4 Parties to the Convention
Subpart B - Prohibitions, Permits and Exceptions
Subpart C - Appendices I, II and III to the Convention on International Trade in Endangered Species of Wild Fauna and Flora
23.23 Species listed in Appendices I, II, and III
References
Excerpts relevant to the Marshall Islands quoted from Wildlife and Fisheries' code of regulation, October 1,1997

Part 23 - ENDANGERED SPECIES CONVENTION

  • Subpart A - Introduction
    • 23.4 Parties to the Convention
      This list is for the convenience of the public, and does not preclude the application of regulations in this Part 23 to importation, exportation or re-exportation to or from other countries
  • Subpart B - Prohibitions, Permits and Exceptions
    • 23.11 Prohibitions
      • (b) Import (1) It is unlawful to import into the United States any wildlife or plant listed in Appendix I, II or III (see 23.23) from any foreign country.
      • (2) It is unlawful to import directly into the United States any wildlife or plant listed in Appendix I or II (see 23.23) taken from the sea beyond the jurisdiction of any country.
      • (e) Possession. It is unlawful for any person subject to the jurisdiction of the United States to possess any wildlife or plant listed in Appendix I, n or in imported into the United States, or exported or re-exported from the United States contrary to the provisions of the Convention or this Part 23.
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    • 23.12 Requirements
      • (a) Import (1) Appendix I. (i) In order to import to the United States any wildlife or plant listed in Appendix I from any foreign country, a United States import permit, issued pursuant to 23.15 [Permits and certificates, not included], and a valid foreign export permit issued by the country of origin or a valid foreign re-export certificate issued by the country of re-export must be obtained prior to such importation.
      • (ii) In order to import directly into the United States any wildlife or plant listed in appendix I taken from the sea beyond the jurisdiction of any country, a United States import permit issued pursuant to 23.15 must be obtained prior to such importation.
      • (2) Appendix II. (i) In order to import into the United States any wildlife or plant listed in appendix II from any foreign country, a valid foreign export permit issued by the country of origin, or a valid foreign re-export certificate issued by the country of re-export, must be obtained prior to such importation.
      • (ii) In order to import directly into the United Stated any wildlife or plant listed in Appendix II taken from the sea beyond the jurisdiction of any country, a United Slated import permit issued pursuant to 23.15 must be obtained prior to such importation.
      • (3) Appendix III. [none of the species found in the Marshalls are in this appendix]
      • (b) Export or re-import - (1) Appendicies I and II. In order to export or re-export from the United Stated any wildlife or plant listed in Appendix I or II, a United States export permit or re-export certificate, issued pursuant to 23.15 must be obtained prior to such exportation or re-exportation.
      • (2) Appendix III. [none of the species found in the Marshalls are in this appendix]
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    • 23.13 Exceptions
      • (a) If any wildlife or plant listed in Appendix I, II or III is also subject to the regulations in Part 17 [Endangered and threatened wildlife and plants] or Part 18 [Marine mammals] of this subchapter, the prohibitions and exceptions in those parts and in Part 23 shall apply. Exceptions in one part cannot be invoked to allow activities prohibited in another part.
      • (b) The prohibitions in 23.11 (b) through (d) concerning importation, exportation and re-exportation shall not apply to wildlife or plants listed in Appendix I, II or III that are being transshipped through the United States provided such wildlife or plants remain in Customs custody.
      • (c) The prohibitions in 23.11 (b) through (d) concerning importation, exportation or re-exportation shall not apply to wildlife or plants when a certificate has been issued by the management authority of the country of origin or the country of re-export to the effect that the wildlife or plant was acquired prior to the date the Convention applied to it...
      • (d) The prohibitions in 23.11 (b) through (d) concerning importation, exportation and re-exportation shall not apply to wildlife or plants that are accompanying personal baggage or part of a shipment of the household effects of persons moving their residence to or from the United States: Provided That this exception shall not apply to to:
        • (1) Importation by U.S. residents of wildlife or plants listed in appendix I that were acquired outside the United Stated; or (2) Importation by U.S. residents of wildlife or plants listed in Appendix II that were taken from the wild in a foreign country, if that country required export permits;
        • (e) Wildlife or plants listed in Appendix I that have been bred in captivity or artificially propagated, for commercial activities, shall be treated as if listed in Appendix II;
      • (0 The prohibitions in 23.11 (b) through (d) concerning importation, exportation and re-exportation shall not apply to wildlife or plants when a certificate has been issued by the management authority of the country of export tot he effect that the wildlife or plant was bred in captivity or artificially propagated, or was part of or derived therefrom...
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    • 23.14 Foreign documentation
      (b) Countries that are not parties. The requirements of this Part 23 apply to all wildlife and plants listed in Appendix I, II or ni to the Convention, whether the shipment is to or from a country that is party to the Convention, or to or from any other country. In the case of a shipment from a country not party to the Convention, documents containing information corresponding to that required by the regulations in this Part 23 may be accepted. Such documents may be in the form of an export or import permit, a letter from the proper authority, or any other form that clearly indication the nature of the document. . . .
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  • Subpart C - Appendices I, II and III to the Convention on International Trade in Endangered Species of Wild Fauna and Flora
    • 23.23 Species listed in Appendices I, II, and III
      • (d) Unless specified otherwise, all living or dead animals and plants in Appendix I, II or ni, and all their readily recognizable parts and derivatives, are subject to the regulations of this Part.
      • (e) The list of species set out in subsection (0 is informational and not regulatory in nature. It is solely intended as a convenience to the public. The offices list of species included in Appendices I, n, and ni is the one maintained by the C.I.T.E.S. Secretariat based on the decisions of the Parties of the Convention.
      • (f) The list of species in the Appendices to the Convention on the International Trade in Endangered Species of Wild Fauna and Flora is provided below:
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    Species Common name Appendix  First listing date
    CLASS MAMMALIA MAMMALS
    Order Cetacea: (all species except those in App. I or with earlier date in App. II.) Whales, Porpoises, Dolphins: II 6/28/79
    Balaenoptera borealis Sei whale I 2/4/77
    B. edeni Bryde's whale I 6/28/79
    B. musculus Blue whale I 7/1/75
    Megaptera novaengliae Humpback whale I 7/1/75
    Physeter catalon (= macrocephalus) Sperm whale I 2/4/77
    CLASS AVES: BIRDS:
    Order Procellariiformes: Albatrosses, Shearwaters, Petrels:
    Diomedia albatrus Short-tailed albatross I 7/1/75
    CLASS REPTILIA: REPTILES:
    Order Testudinata: Turtles, Tortoises:
    Cheloniidae spp. (all species in family) Sea turtles I 7/1/75
    Dermochelys coriacea Leatherneck sea turtle I 7/1/75
    Order Sauria: Lizards:
    Varanus spp. (all species except those in App. I) Monitor lizards [note: the speices of monitor II lizard was introduced into the Marshall Islands] II 7/1/75
    PHYLUM MOLLUSCA: MOLLUSCS:
    Tridacna derass Giant clams [note: this species of giant clam II was introduced into the Marshall Islands] II 5/29/83
    T. gigas Giant clam II 5/29/83
    Tridacnidae spp. (includes all species in genera Hippopus and Tridacna except those with earlier date in App. II) Giant clams II 8/1/85
    PHYLLYM CNIDARIA: (=COELENTERATA): CORAL-LIKE ANIMALS: II
    CLASS ANTHOZOA: (all species in the order except those with earlier date) CORALS, SEA ANEMONES:
    Order Coenothecallia: Heliopora spp. Blue Corals: II 8/1/85
    Order Stolonifera: II 1/18/90
    Tubiporidae spp. (all species in family except genus with earlier date)
    Tubipora spp. Organ-pipe corals II 8/1/90
    Order Antipatharia: (all species in the order) Black corals: II 6/6/81
    Order Scleractinia: (all species in the order except the following genera with earlier date) Stony corals: II 1/18/90
    Acropora spp. Staghom corals II 8/1/85
    Euphyllia spp. Trumpet corals II 8/1/85
    Favia spp. Brain corals II 8/1/85
    Fungia spp. Mushroom corals II 8/1/85
    Halomitra spp. Bowl corals II 8/1/85
    Lobophyllia spp. Brain corals II 8/1/85
    Merulina spp. Merulinas II 8/1/85
    Pavona spp. Cactus corals II 8/1/85
    Pectinia spp. Lettuce corals II 8/1/85
    Platygyra spp. Brain corals II 8/1/85
    Pocillopora spp. Brush corals II 8/1/85
    Polyphyllia spp. Feather corals II 8/1/85
    Seriatopora spp. Birds nest corals II 8/1/85
    Stylophora spp. Cauliflower corals II 8/1/85
    CLASS HYDROZOA: STINGING MEDUSAE:
    Sea ferns. Fire corals
    Order Millenporina: (=Athecata):
    Milleporidae spp. (all species in family, except genus with earlier date) II 1/18/90
    Millepora spp. Fire corals: II 8/1/85
    Order Sylansterian: II 1/18/90
    Stylasteridae spp. (all species in family)
    PLANT KINGDOM:
    Family Cactacae: Cactus family:
    All species except those in App.I Cactus [note: all cactus in the Marshalls were introduced] II 7/1/75
    Family Cycadaceae: (all species in the family except species in App. I) Cycas family: [note: all cycas species in the Marshalls were introduced] II 2/4/77
    Family Euphorbiaceae: Spurge family:
    Euphorbia spp. (excluding non-succulent species) Euphorbias [note: all succulent euphorbia species in the Marshall were introduced] II 7/1/75
    Family Liliaceae: Lily family:
    Aloe spp. (all except Aloes those in App. I and excluding A. vera except A. vera var. chinensis) [note: the aloe species in the Marshalls were introduced] II 7/5/75

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    References:

    • National Biodiversity Team of the RMI, 2000.The Marshall Islands - Living Atols Amidst the Living Sea/ The National Biodiversity Report of the Republic of the Marshall Islands. İRMI Biodiversity Project. ISBN 982-9045-02-1, St. Hildegard Publishing Company, Santa Clarita, CA, USA.
    • International Union for Conservation of Nature and Natural Resources 1983. The IUCN Invertebrate Red Data Book. IUCN, Gland Switzerland
    • ____________ 1994.IUCN Red List Categories. IUCN, Gland Switzerland
    • ____________ 1998. IUCN Red List of Threatened Animals; Database Search Results. IUCN website
    • U.S. Fish and Wildlife Service, 1996a. PACIFIC ISLANDS (excluding Hawai'i) PLANTS AND ANIMALS: Updated March 1, 1996, Listed, Proposed or Candidate Species, as designated under the U.S. Endangered Species Act.
    • U.S. Fish and Wildlife Service, 1996b. Candidates of Endangered Species Act Protection - 1996 Notice of Review. Q's & A's.

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