CITES: Protecting Wild Plants, Encouraging Conservation (Continued from previous page)

How Does CITES Work?

CITES establishes protocol for regulating the international trade of plants and animals that have been scientifically demonstrated to be in danger of extinction. Each member nation or party to the convention must designate a scientific authority responsible for evaluating research on potentially threatened species, as well as a management authority to administer the various bureaucratic efforts needed to enforce the treaty. A directory of registered agencies is available from the CITES Secretariat.

Under CITES, endangered species are ranked in one of three categories, according to their risk of extinction. The first category (Appendix I) includes species that are currently "threatened with extinction." Trade in Appendix I species is the most heavily restricted, requiring both an export permit from the country of origin as well as an import permit from the country of destination. It is important to note that CITES does not permit the importation of wild plants or animals for commercial purposes if they are listed on Appendix I. However, CITES will re-designate Appendix I plants under Appendix II if they are cultivated rather than collected from the wild. In these instances, the management authority for the country of origin is required to inspect the facilities where the plant is cultivated. In addition, all nurseries must be registered with both the national authority and the CITES Secretariat.

The second category of plants, listed in Appendix II, includes species that are "not necessarily threatened with extinction at this time but may become so if not carefully monitored." Regulations governing trade of these species are slightly less stringent than those for Appendix I plants. One major difference for Appendix II plants is that the management authority in the country of origin is not required to guarantee that there is an import permit in the destination port. The exports (both export permits and the "actual export") are monitored carefully by the scientific authority to prevent further risk of extinction and the necessity of moving the plant to Appendix I. When there is a significant decline in the wild population of the species, the scientific authority "shall advise the appropriate Management Authority of suitable measures to be taken to limit the grant of export permits for specimens of that species."

The third and final category of species, listed in Appendix III, includes plants that individual nations wish to regulate through international cooperation in order to prevent or restrict their exploitation. These regulations are the least stringent. The importation of Appendix III plants requires prior presentation of a certificate of origin. When the import is from a state that has included the species in Appendix III, an export permit is also needed. Note that scientific approval is not required to import or export plant species listed on Appendix III.

How Is CITES Enforced?

Nations that are part of CITES are required to take necessary steps to comply with the agreement. There are several ways in which the treaty is enforced. The CITES Secretariat collects information about national compliance and distributes it publicly. There have also been some efforts by non-governmental organizations (NGOs) to monitor the enforcement of CITES. One such NGO is TRAFFIC, a collaborative effort of the World Wide Fund For Nature (WWF) and IUCN. If a party to CITES has a particular issue with another nation about its enforcement procedures, negotiations take place at the biannual Conference of the Parties.

Enforcement Challenges

Unfortunately, the CITES agreement is not always enforced to the fullest degree. One problem is that many collectors and brokers in the botanical industry are not fully aware of the CITES agreement and how it applies to them. Many people are familiar with regulations concerning trade in endangered animal species but are not aware that endangered plants, including those used as medicines, are also regulated. In addition, some unscrupulous producers, traders, and consumers may intentionally circumvent the law in order to exploit the economic rewards of trade in rare commodities. For example, some companies may choose to trade purified extracts or isolated chemicals derived from endangered species listed in CITES (rather than crude plant or animal material), an activity that is legal but still harmful to endangered species.

Protecting our Botanical Heritage

With international support at all levels, CITES may continue to be one of the most effective means of conserving botanical resources. Organizations and individuals involved in the herb industry should encourage efforts to strengthen the CITES agreement, respecting regulations and educating their peers and associates about its value and scope. Lastly, CITES may provide a strong incentive to expand the cultivation of medicinal plants, providing a sustainable source of botanical resources.

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