Whale Shark (Rhincodon typus) Issues Paper

Department of the Environment and Heritage, May 2005
ISBN 0 6425 5082 4

Appendix 3

Convention on International Trade in Endangered Species of Wild Fauna and Flora: Article IV: Regulation of Trade in Specimens of Species included in Appendix II

  1. All trade in specimens of species included in Appendix II shall be in accordance with the provisions of this Article.
  2. The export of any specimen of a species included in Appendix II shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:
    1. a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;
    2. a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and
    3. a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.
  3. A Scientific Authority in each Party shall monitor both the export permits granted by that State for specimens of species included in Appendix II and the actual exports of such specimens. Whenever a Scientific Authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I, 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.
  4. 4. The import of any specimen of a species included in Appendix II shall require the prior presentation of either an export permit or a re-export certificate.
  5. 5. The re-export of any specimen of a species included in Appendix II shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:
    1. a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention; and
    2. a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.
  6. The introduction from the sea of any specimen of a species included in Appendix II shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met:
    1. a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; and
    2. a Management Authority of the State of introduction is satisfied that any living specimen will be so handled as to minimize the risk of injury, damage to health or cruel treatment.
    3. Certificates referred to in paragraph 6 of this Article may be granted on the advice of a Scientific Authority, in consultation with other national scientific authorities or, when appropriate, international scientific authorities, in respect of periods not exceeding one year for total numbers of specimens to be introduced in such periods.

Source: Convention on International Trade in Endangered Species of Wild Fauna and Flora (http://www.cites.org/eng/disc/text.shtml#IV)