PLANNING AND ENVIRONMENT DEPARTMENT
ENVIRONMENT DIVISION
Endangered Species (CITES) (Jersey) Law 201-
(Public)
1.0 Purpose of the draft Legislation
To bring forward fit-for-purpose legislation in order to fully implement the Convention on the International Trade in Endangered Species of Wild Fauna and Flora signed at Washington, D.C. on 3 March 1973 (CITES) locally. This follows the assessment by the CITES secretariat that the current arrangements for implementing CITES through existing Customs legislation are not sufficient. The implementation of fully complaint CITES legislation will:
- Underpin Jersey’s international reputation for integrity and address the observation from the Secretariat that our existing arrangements for implementing CITES are inadequate;
- Assist those stakeholders who use the international CITES regime by operating a fully complaint process. In particular this will assist the Durrell Wildlife and the Eric Young Orchid Foundation who regularly import and export endangered species.
2.0 Background
2.1 The Convention on the International Trade in Endangered Species (CITES)
Key facts about CITES:
- CITES is one of the world’s largest conventions with 175 member countries;
- The trade in wild animals is widely seen as a threat that is second only to habitat destruction, and so CITES is an important conservation tool;
- It offers varying degrees of protection to more than 33,000 species of animals and plants, whether they are traded as live specimens, fur coats or dried herbs;
- Gram for gram, wildlife products such as rhino horn, bear gall bladder, tiger bone or deer musk can be worth more than the same quantity of a class A drug such as cocaine. CITES works to combat the international illegal trade in endangered species or their derivatives.
2.2 The principles of CITES
Through CITES, panels of international experts regularly assess the conservation status of species of animals and plants worldwide and identify whether they are endangered or considered under threat of extinction. These species and importantly, their parts or derivatives, are then listed under the Convention n one of three Appendices.
By being CITES listed, regulations and restrictions are conferred upon these species. Operationally this means that there can only be trade or movement of listed wildlife products if there is sufficient documentation and import or export permits to prove their legal origins as defined by the Convention. Thus countries participating in the CITES convention have a licensing and monitoring framework in place to ensure that the movement of all CITES specimens is carried out legally and in respect of live specimens, that all movements are made with the animals welfare accounted for.
The Convention is internationally recognised as effectively controlling and monitoring the trade in over 33,000 vulnerable species of animals and plants, whether they are traded as live specimens, fur coats or dried herbs.
But, as suggested by its name, CITES, only relates to what have been deemed by scientists as endangered species. Its role is to protect the wild populations of animals or plants from exploitation. It does not necessarily impose trade restrictions in listed species that have been artificially raised or captive bred but it does control and monitor their movement to ensure that trade is being carried out legally and that it will not cause a problem to wild populations in the future.
Jersey and the ratification of CITES
The CITES convention was extended to Jersey through the UK in 1976, at the request of the Island authorities. However, Jersey is not fully compliant because the Island does not yet have primary legislation relating to CITES.
Instead, the legal basis for the licensing of endangered species is carried out through the Import and Export (Control) (Jersey) Order 1992 which is legislation administered by the Customs and Immigration Department. The Environment Division jointly administers CITES licences with Customs and Immigration and operationally we are able to enforce CITES.
Following a review of the legislative regime, in 2003 Jersey was advised that in order to be fully compliant with CITES they should introduce new primary legislation to give effect to the convention requirements in Jersey.
At the 13th Conference of Parties (September 2004), the Secretariat informed the United Kingdom, as the state party responsible in international law, that primary legislation was necessary in a number of the territories for which the UK has international responsibility in order to continue the commercial trade in specimens of CITES listed species to and from the UK as well as its dependent territories.
The Department of the Environment has worked extensively over the past 6 years with both the CITES Secretariat and DEFRA to ensure that the draft legislation is fit-for-purpose. The draft presented for lodging has been deemed complaint with Category 4 (the highest category)
3.0 Why is CITES important to Jersey?
The correct and fullest implementation of CITES is particularly relevant to Jersey since it is home to the Durrell Wildlife Conservation Trust and the Eric Young Orchid Foundation both of whom import and export endangered species of animals and plants regularly.
Although Jersey has yet to become fully compliant with CITES, the Environment Division of the Planning and Environment Department currently administer CITES regulations in conjunction with the Customs & Immigration Department. Therefore anybody who wishes to import or export a CITES listed species requires the appropriate permits from both the country of export as well as the country of import.
Approximately 300 movements of CITES listed animals, plants or their derivatives are made to and from Jersey per year. Many of these relate to movements of animals from Durrell Wildlife or plants from the Eric Young Orchid foundation. Other CITES movements occur within the exotic pet trade and those of CITES listed pets for example parrots and personal effects including antiques that contain CITES listed species for example ivory of tortoiseshell.
Discussion
Financial and Staffing Implications
The Environment Department (in conjunction with the Department for Home Affairs) already operates a licensing regime for CITES listed specimens for which applicants are not charged for permits. By implementing the regime recommended by the new legislation, the Departmental workload will remain the same although it may be redistributed slightly between officers. This redistribution may support, in time, a request for a proportionate raise in pay grade which will be managed within budget.
Over time the Department’s workload with respect to CITES is likely to diminish slightly. This is because the new regime will be more streamlined and compliant with international practice reducing the number of queries and permit validations it currently answers from other jurisdictions in relation to permits it currently issues.
In the future applicants will be required to pay full cost recovery for the issue of permits although the Minister may wish to waive licence in respect of certain applicants, for instance, those with charitable status.
No additional States staffing requirement is identified. No additional funds are required for the adoption and implementation of the draft legislation.
Conclusion
The draft Legislation provides the necessary legal framework to fulfil Jersey’s obligation under the Convention on the International Trade in Endangered Species and enables the public and key stakeholders to full participate in the worldwide CITES regime.
Recommendation
The draft law is lodged au Greffe.
Written by: Director for Environmental Policy
Approved by: Deputy Chief Officer for the Environment Department
Attachments:
Report and Proposition Endangered Species (CITES) (Jersey) Law 201-
[19-09-11]
gov.je