A TRAFFIC REPORTINTO THE DEEP:IMPLEMENTINGCITES MEASURES FORCOMMERCIALLY-VALUABLESHARKS AND MANTA RAYSVictoria Mundy-Taylor and Vicki CrookA TRAFFIC REPORT
Published by TRAFFIC.Report prepared by TRAFFIC for the EuropeanCommission under Contract 070307/2010/574210/SER/E2 European Commission.All rights reserved.All material appearing in this publication is copyrightedand may be reproduced with permission. Any reproductionin full or in part of this publication must credit theEuropean Commission as the copyright owner.The views of the authors expressed in this publication donot necessarily reflect those of the European Commission,TRAFFIC, WWF or IUCN.The designation of geographical entities in thispublication, and the presentation of the material, do notimply the expression of any opinion whatsoever on thepart of the European Commission, TRAFFIC or itssupporting organizations concerning the legal status of anycountry, territory, or area, or its authorities, or concerningthe delimitation of its frontiers or boundaries.The TRAFFIC symbol copyright and RegisteredTrademark ownership is held by WWF. TRAFFIC is astrategic alliance of WWF and IUCN.Suggested citation: Mundy-Taylor V. and Crook V. (2013). Into thedeep: Implementing CITES measures for commercially-valuable sharksand manta rays. Report prepared for the European Commission.ISBN 978-1-85850-357-8Front cover photograph: Giant Mantas Manta birostris, Raja Ampat,West Papua, Indonesia Andrea Marshall
INTO THE DEEP:IMPLEMENTING CITES MEASURESFOR COMMERCIALLY-VALUABLESHARKS AND MANTA RAYS Cat HollowayVICTORIA MUNDY-TAYLOR AND VICKI CROOKScalloped hammerhead shark (Sphyrna lewini), Fiji.
Table of ContentsList of Figures and TablesiAcknowledgementsiiAcronyms and AbbreviationsiiINTRODUCTION1METHODS2PART IKey Exporters, Re-exporters and Consumers of the Shark and Ray Species Listed in the3CITES Appendices at CoP161. MAIN COUNTRIES AND TERRITORIES INVOLVED IN SHARK CATCH AND TRADE32. KEY FISHERIES AND MARKETS - OVERVIEWS BY SPECIES7PART IIInternational, Regional and Domestic Policies, Regulations and Measures Relevant to21CITES Implementation1. INTERNATIONAL POLICIES, REGULATIONS AND MEASURES212. REGIONAL POLICIES, REGULATIONS AND MEASURES223. DOMESTIC MEASURES24PART IIIImplementation of the CITES CoP16 Shark and Ray Listings: Challenges, Available27Resources and Capacity Building Initiatives1. NON-DETRIMENT FINDINGS (NDFS)292. COMPLIANCE AND ENFORCEMENT373. LEGAL ACQUISITION FINDINGS464. OTHER ISSUES47PART IVOverview of Key Gaps in Capacity and Priorities for Future Work49REFERENCES51APPENDICES56
List of Figures and TablesFigure 1Top 20 shark catchers, 2002-20114Figure 2Oceanic Whitetip shark catchers, 2002-20118Figure 3Main Porbeagle shark catchers, 2002-201111Figure 4Main Hammerhead shark catchers, 2002-201114Figure 5Top 20 ray catchers, 2002-201117Table 1Top 20 shark exporters and importers, 2000-20096Table 2Oceanic Whitetip fisheries9Table 3Porbeagle fisheries10Table 4Hammerhead fisheries15Table 5Manta fisheries18Table 6Overview of binding shark measures adopted by Regional Fisheries ManagementOrganisations (RFMOs)22Table 7Examples of domestic shark measures25Table 8Examples of workshops on Proposals for listing of sharks and manta ray species inthe CITES Appendices28Table 9Scientific data requirements for stock assessments30Table 10Application of introduction from the sea (IFS) provisions to commercially-valuablesharks and manta rays34Table 11Potential for distinguishing fins/gill rakers in trade based on morphologicalcharacteristics39Table 12Examples of guides for the identification of fins and gill rakers in trade40Table 13Market categories used by Hong Kong shark fin traders41Into the deep: Implementing CITES measures for commercially-valuable sharks and manta raysi
AcknowledgementsThis project has been realised within the framework of the service contract070307/2010/574210/SER/E2 with the European Commission. The authors would like tothank the CITES authorities and other experts that provided information for this report andTRAFFIC colleagues Glenn Sant, Richard Thomas and Stephanie von Meibom for their helpfulcomments on the draft report. The authors also wish to acknowledge the technical supportprovided by TRAFFIC colleague Willow Outhwaite in the preparation of this report.Acronyms and AbbreviationsACAnimals Committee (CITES)ACIARAustralian Centre for International Agricultural ResearchAFCDAgriculture, Fisheries and Conservation Department (Hong Kong)ANCORSAustralian National Centre for Ocean Resources and SecurityAPECAsia-Pacific Economic CooperationAPFICAsia-Pacific Fishery CommissionASEAN-WENAssociation of Southeast Asian Nations Wildlife Enforcement NetworkBOBLMEBay of Bengal Large Marine EcosystemBOBPBay of Bengal ProgrammeBOFTBureau of Foreign Trade (Taiwan)CAISCentral American Integration SystemCBDConvention on Biological DiversityCCAMLRCommission for the Conservation of Antarctic Marine Living ResourcesCCCStandard Classification of Commodities of the Republic of ChinaCCRFCode of Conduct for Responsible FisheriesCCSCatch Certification SchemeCCSBTCommission for the Conservation of Southern Bluefin TunaCDSCatch Documentation SchemeCEEAC/COREPRegional Fisheries Committee for the Gulf of GuineaCITESConvention on International Trade in Endangered Species of Wild Fauna and FloraCMSConvention on Migratory SpeciesCNCombined NomenclatureInto the deep: Implementing CITES measures for commercially-valuable sharks and manta raysii
COFICommittee on Fisheries (FAO)CONABIOComisión Nacional para el Conocimiento y Uso de la Biodiversidad (Mexico)CONAPConsejo Nacional de Areas Protegidas (Guatemala)CoPConference of the PartiesCOPEMEDCoordination to Support Fisheries Management in the Western and CentralMediterranean (FAO)CPCContracting Parties and Cooperating Non-contracting PartiesCPPSSouth Pacific Permanent CommissionCPUECatch per unit effortCRAMFundación para la Conservación y Recuperación de Animales MarinosDINARADirección Nacional de Recursos Acuáticos (Uruguay)DIPESCADirección de Normatividad de la Pesca y Acuicultura (Guatemala)DSTFDanube Sturgeon Task ForceEEZExclusive Economic ZoneECEuropean CommissionEPAEnvironment Protection Agency (Yemen)ERAEcological Risk AssessmentEUEuropean UnionFAOFood and Agriculture Organization of the United NationsFCWC/CPCOFishery Committee for the West Central Gulf of GuineaFIBAInternational Foundation of “Banc d’Arguin”GCCGulf Cooperation CouncilGFCMGeneral Fisheries Commission for the MediterraneanGTEAMGrupo de Trabajo de Tiburones y Especies Altamente Migratorias (Working Group onSharks and Highly Migratory Species)HSIHumane Society InternationalHSHarmonised SystemIATTCInter-American Tropical Tuna CommissionICCATInternational Commission for the Conservation of Atlantic TunasICESInternational Council for the Exploration of the SeaIFAWInternational Fund for Animal WelfareInto the deep: Implementing CITES measures for commercially-valuable sharks and manta raysiii
IFSIntroduction from the seaIGOIntergovernmental organisationINCOPESCAInstituto Costarricense de Pesca y AcuiculturaIOTCIndian Ocean Tuna CommissionIPOAInternational Plan of ActionIRDInstitut de Recherche pour le DéveloppementISMARInsituto di Scienze Marine (Italy)ISPRAIstituto Superiore per la Protezione e la Ricerca Ambientale (Italy)IUCNInternational Union for Conservation of NatureIUUIllegal, unreported and unregulatedLACLatin America and the CaribbeanMACOMarine and Coastal ProgrammeMARNMinisterio de Medio Ambiente y Recursos Naturales (El Salvador)MCSMonitoring, control and surveillanceMEICMinisterio de Economia, Industria y Comercio (Costa Rica)MNHNMuséum National d'Histoire Naturelle (Paris)MoUMemorandum of UnderstandingMSCMarine Stewardship CouncilNAFONorthwest Atlantic Fisheries OrganizationNEAFCNorth-East Atlantic Fisheries CommissionNGONon-governmental organisationNDFNon-detriment findingsNMFSNational Marine Fisheries Service (US)NPOANational Plan of ActionNOAANational Oceanic and Atmospheric Administration (US)OSPESCAOrganizacion del Sector Pesquero y Acuicola del Istmo Centroamericano (CentralAmerica Fisheries and Aquaculture Organization)PCRPolymerase Chain ReactionPRCMPartenariat Régional Côtier et MarinPSMAPort State Measures AgreementRFMORegional Fisheries Management OrganisationInto the deep: Implementing CITES measures for commercially-valuable sharks and manta raysiv
RPOARegional Plan of ActionSADCSouthern African Development CommunitySAGSecretaria de Agricultura y Ganaderia (Honduras)SANBISouth African National Biodiversity InstituteSCRSStanding Committee on Research and StatisticsSEAFDECSoutheast Asian Fisheries Development CenterSEAFOSouth East Atlantic Fisheries OrganisationSEFSCSoutheast Fisheries Science Center (US)SMRCSociety for Marine Research and ConservationSoMASSchool of Marine and Atmospheric Sciences, Stony Brook UniversitySPCSecretariat of the Pacific CommunitySRFCSub Regional Fisheries CommissionSRPOASub-Regional Plan of ActionSSNSpecies Survival NetworkTACTotal allowable catchTDSTrade documentation schemeUAEUnited Arab EmiratesUNUnited NationsUNEPUnited Nations Environment ProgrammeUN FSAUN Fish Stocks AgreementUNCLOSUN Convention on the Law of the SeaUSUnited StatesUS FWSUnited States Fish and Wildlife ServiceWCOWorld Customs OrganizationWCPFCWestern and Central Pacific Fisheries CommissionWCPOWestern Central Pacific OceanWCSWildlife Conservation SocietyWIOWestern Indian OceanWPEBWorking Party on Ecosystems and Bycatch (IOTC)Into the deep: Implementing CITES measures for commercially-valuable sharks and manta raysv
INTRODUCTIONOver the past twenty years, the conservation and management of sharks has been the subject of muchattention and discussion among Parties to the Convention on International Trade in Endangered Speciesof Wild Fauna and Flora (CITES). During this period, a significant amount of research and informationhas been generated on this issue within CITES processes, with Parties also having adopted a number ofrecommendations for action in the form of CITES Resolutions and Decisions, and proposals for listingof various shark species (Basking Shark Cetorhinus maximus, the Whale Shark Rhincodon typus, the GreatWhite Shark Carcharodon carcharias and Sawfish Pristidae spp.) in the CITES Appendices. A summary ofCITES processes related to shark conservation and management, from 1994 to present, is provided inAppendix A.At the 16th meeting of the Conference of the Parties (CoP16) held in Bangkok, Thailand, in March 2013,four new proposals to list a number of commercially important marine species in Appendix II of CITESwere adopted as follows: Oceanic Whitetip shark Carcharhinus longimanusPorbeagle Lamna nasusScalloped Hammerhead shark Sphyrna lewini, Great Hammerhead shark Sphyrna mokarran, and SmoothHammerhead shark Sphyrna zygaena (hereafter referred to collectively as “Hammerheads”)1Manta rays Manta spp.The entry into effect of the above listings has been delayed by 18 months to 14 September 2014, toenable Parties to resolve related technical and administrative issues. At CoP16, the European Union (EU)announced that it was providing funding through the CITES Secretariat to support capacity building forthe implementation of the CITES listings of commercially-valuable marine species, with a focus ondeveloping Parties. In order to ensure the effective allocation of these funds, the European Commissionrequested that TRAFFIC carry out a rapid assessment of capacity building priorities and needs.Consequently, the aim of this Report was to compile and collate readily available information on: (i) themain Parties likely to be affected by the listings; (ii) international, regional and domestic regulations andmeasures that may be mutually supportive of, and complementary to, the listings; (iii) the main challengesexpected in relation to implementation of the listings; and (iv) any existing or planned capacity buildinginitiatives and tools available to support the listings, in addition to potential gaps and needs.The Report is composed of the following four main Parts:I.II.III.IV.Key exporters, re-exporters and consumers of the shark and ray species listed in the CITESAppendices at CoP16International, regional and domestic policies, regulations and measures relevant to CITESimplementationImplementation of the CITES CoP16 shark and ray listings: challenges, available resourcesand capacity building initiativesOverview of key gaps in capacity and priorities for future workAdditional/supporting information is provided in Appendices A to P.It is noted that there are seven currently recognised species of hammerhead shark in the genus Sphyrna, howeveronly three species were proposed for listing in Appendix II at CoP16: the Scalloped Hammerhead, under ResolutionConf. (Rev. CoP15) Annex 2a Criterion A, and the Great Hammerhead and Smooth Hammerhead owing to look alikeissues relating to difficulties in distinguishing between fins of the three species in trade.1Into the deep: Implementing CITES measures for commercially-valuable sharks and manta rays1
METHODSFor the purposes of this report, TRAFFIC analysed the most recently available catch and trade data fromFood and Agriculture Organization of the United Nations (FAO), collated information found inpublished sources, and contacted CITES authorities, non-governmental organizations (NGOs) and otherexperts for additional information.Details of the FAO catch and trade data used in this Report are provided in the introductory sections ofPart I. Published sources of information reviewed for this Report include: the CITES CoP16 listingproposals; IUCN-TRAFFIC Analyses; FAO Expert Advisory Panel Reports; reports of RegionalFisheries Management Organisations (RFMOs); CITES and Convention on Migratory Species (CMS)documents; identification guides; academic articles; and other reports and materials prepared by NGOs.Feedback from authorities and experts was requested via two different types of questionnaire, copies ofwhich are included in Appendix B. Fifty different organisations and/or experts with knowledgecovering over 30 countries and territories provided feedback via these questionnaires, email or telephone.Unless otherwise indicated, all references described as in litt. or pers. comm. in this Report were providedto TRAFFIC via this consultation process. Details of the authorities and experts that provided input toTRAFFIC’s consultation in time for their information to be included in this Report are provided inAppendix C.This Report focuses on those regions for which funding for capacity building is being considered, namelyAfrica, Latin America and the Caribbean, the Middle East, South Asia, Southeast Asia, andOceania (excluding Australia and New Zealand).Into the deep: Implementing CITES measures for commercially-valuable sharks and manta rays2
PART IKey Exporters, Re-exporters and Consumers of the Shark and Ray SpeciesListed in the CITES Appendices at CoP161.MAIN COUNTRIES AND TERRITORIES INVOLVED IN SHARK CATCH AND TRADEA reasonable understanding of the main range, flag and port States for Oceanic Whitetip, Porbeagle,Hammerheads and Mantas can be obtained from the information and data in the Supporting Statementsof the CITES CoP16 proposals (hereafter referred to as the CITES CoP16 Proposals) and other reportson shark catch and trade. Species-specific information derived from these sources, in addition to recentFAO capture production (catch) data reported to the species, genus and/or family level and informationobtained from experts and authorities are presented in Section 2 of this Part.It is important to note, however, that the interpretation of catch and trade data (on which the majority ofthese resources rely) suffers from a number of problems caused by poor, under and mis-reporting and thelimited availability of species-specific data (Lack and Sant, 2011). Consequently, the actual importance ofa number of main players in the catch and trade of the shark and ray species listed in the CITESAppendices at CoP16 is still relatively unknown. This is especially relevant for trade, as there are currentlyno universal species-specific Customs codes in use for sharks or rays, and only a few countries orterritories report trade in specific shark species. It was therefore considered important to supplement thespecies-specific overviews with a summary of the overall top shark catchers2 and countries/territoriestrading in shark products, based on the most recent ten year catch and trade datasets available from FAO(2002-2011 for catch and 2000-2009 for trade). This brief analysis focuses on those regions for whichfunding for capacity building is being considered, namely Africa, Latin America and the Caribbean,the Middle East, South Asia, Southeast Asia, and Oceania (excluding Australia and New Zealand).a. CatchFAO (Fischer et al., 2012) describes the top 26 shark catchers (those reporting at least 1% of global sharkcatches during decade 2000-2009) and these have not changed significantly for the most recent ten yearperiod for which catch data were available (2002-2011). The top 20 shark catchers between 2002 and2011, responsible for nearly 80% of reported global catch in these species, are presented in Figure 1below.In summary: Indonesia and India alone were responsible for over 20% of global shark catches between 2002and 2011. Argentina, Mexico, Malaysia, Pakistan, Brazil, Thailand, Nigeria, Iran, Sri Lanka andYemen together were responsible for over 25%.2The term “shark catchers” refers to countries, territories and other political entities that report catch in sharks, skates, rays andchimaeras (Class Chondrichthyes) to the FAO.Into the deep: Implementing CITES measures for commercially-valuable sharks and manta rays3
Figure 1: Top 20 shark catchers, 2002-2011 (total capture, tonnes, of all sharks, skates, rays and chimaeras included in FAO Fishstat)Into the deep: Implementing CITES measures for commercially-valuable sharks and manta rays4
b. TradeVery few countries/territories report shark or ray species-specific trade data (see Section 2(c) of Part IIIon trade data reporting (Customs codes) for further details). Most meat and fin trade in Porbeagle,Oceanic Whitetip and Hammerheads is reported under more general shark commodity codes, whichinclude: (a) fresh and frozen shark meat, (b) shark fins in various forms, and (c) other shark productsincluding dried and salted meat, frozen fillets and oil. There are no universal ray-specific commoditycodes that would include Mantas, with trade in rays being reported under codes for “Rajidae” or includedin more general fish codes. The trade analysis presented here therefore focuses only on commoditiesreported to FAO that include reference to sharks, but in some cases these may also include ray productswhere these were grouped together by reporting countries/territories – these broader shark and rayproducts are included in category (c) (other).The top 20 shark trading countries/territories as reported to FAO between 2000 and 2009 are presentedin Appendix D under the three main shark commodity groupings described above. Table 1 belowsummarises the most important exporters and importers, focusing on the main regions of potentialinterest for capacity building. Some observations on the trade data presented in Appendix D and Table1 include the following: Several countries and/or territories that do not appear in the top 20 shark catchers, appear inthe top 20 for shark product exports (highlighted in italics in Table 1), namely:o Africa – Namibia and South Africa for meat and Senegal and Guinea for fins.o Latin America and the Caribbean - Panama and Uruguay stand out as the third and fourthmost important meat exporters (both also in the top 20 for fins), while Chile, Costa Rica,Ecuador, Peru and Suriname are also important exporters of various shark products.o Middle East - the United Arab Emirates (UAE) is rep
Into the deep: Implementing CITES measures for commercially-valuable sharks and manta rays i List of Figures and Tables Figure 1 Top 20 shark catchers, 2002-2011 4 Figure 2 Oceanic Whitetip shark catchers, 2002-2011 8 Figure 3 Main Porbeagle shark catchers, 2002-2011 11 Figure 4 Main Hammerhead shark catchers, 2002-2011 14 Figure 5 Top 20 ray catchers, 2002-2011 17
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