Endangered Species Ordinance 1980 (Himi) (Cth)

Case

TERRITORY OF HEARD ISLAND

AND MCDONALD ISLANDS

No. 1 of 1980

__________________

AN ORDINANCE

Relating to the protection of endangered species of wild fauna and flora

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Heard Island and McDonald Islands Act 1953.

Dated this sixth

day of August 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

DAVID THOMSON

Minister of State for Science and the Environment

____________

ENDANGERED SPECIES ORDINANCE 1980

Short title

1. This Ordinance may be cited as the Endangered Species Ordinance 1980.*

Commencement

2. This Ordinance shall come into operation on a date to be fixed by the Minister by notice published in the Gazette.

Interpretation

3. (1) In this Ordinance, unless the contrary intention appears –

“Agreement” means the Agreement between the Government of Australia and the Government of Japan for the protection of migratory birds and birds in danger of extinction and their environment done at Tokyo in Japan on 6 February 1974 a copy of which in the English language is set out in Schedule 1;

“Appendix” means an Appendix to the Convention;

“designated authority” means the Minister of State for the time being administering the National Parks and Wildlife Act 1975;

“Collector” means a person appointed as a collector under section 12;

“Convention” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington in the United States of America on 3 March 1973, as amended and in force on 28 June 1979, a copy of which in the English language is set out in Schedule 2.

(2) Unless the contrary intention appears, words and expressions used in a provision of this Ordinance, other than sections 8, 9, 10 and 11, have the same meanings respectively as in the Convention.

(3) Unless the contrary intention appears, words and expressions used in sections 8, 9, 10 and 11 of this Ordinance have the same meanings respectively as in the Agreement.

(4) A reference to the relevant authority of a country shall be read as a reference –

(a)     where the country is a party to the Convention – to a Management Authority of that country; or

(b)     where the country is not a party to the Convention – to the competent authorities of the country within the meaning of Article X of the Convention.

(5) In sections 8, 9, 10 and 11 and in regulations made for the purposes of sub-sections 8(1), 9(1), 10(1) and 11(1), unless the contrary intention appears –

“animal” means any member, alive or dead, of the animal kingdom (other than man), and includes –

(a) eggs or parts of eggs; and

(b) the skin, feathers, horns, shell or any part of an animal;

“plant” means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of plants.

(6) A reference to a permit or certificate granted by the relevant authority of a country, other than a country that is a party to the Convention, shall be read as a reference to comparable documentation within the meaning of Article X of the Convention issued by the relevant authority. 

(7) A reference in paragraph 4(2)(a) or (b), 4(3)(a), 5(2)(a), 5(3)(a), 6(2)(a), 6(3)(a), 8(2)(a) or (b) or 9(2)(a) to the designated authority shall be read as including a reference to a person authorized in writing by the designated authority for the purposes of that paragraph to exercise the powers of the designated authority under that paragraph.

Importation of a specimen of a species in Appendix I or II

4.      (1) The importation into the Territory, not being an importation by way of introduction from the sea, of a specimen of a species included in Appendix I or Appendix II is prohibited unless the importer holds an import permit granted by the Minister in respect of the specimen. 

(2) The Minister shall not grant an import permit under sub-section (1) in respect of a specimen of a species included in Appendix I unless –

(a)     the designated authority advises that –

(i)      the importation of the specimen will be for purposes that are not detrimental to the survival of that species; and

(ii)     having regard to those purposes, the specimen, if imported, would not be likely to affect adversely the survival of any other species included in Appendix I or Appendix II;

(b)     where the specimen is a living specimen, the designated authority is satisfied that the proposed recipient of the specimen is suitably equipped to house and care for the specimen; and

(c)     the Minister is satisfied –

(i)      that the specimen is not to be used for primarily commercial purposes; and

(ii)     that an export permit or re-export certificate in respect of the specimen has been granted by the relevant authority of the country from which the specimen has been, or is proposed to be, exported or re-exported to the Territory.

(3) The Minister shall not grant an import permit under sub-section (1) in respect of a specimen of a species included in Appendix II unless –

(a)     having regard to the purposes for which it is intended to import the specimen, the designated authority advises that the specimen, if imported, would not be likely to affect adversely the survival of any other species included in Appendix I or Appendix II; and

(b)     the Minister is satisfied that an export permit or re-export certificate in respect of the specimen has been granted by the relevant authority of the country from which the specimen has been, or is proposed to be, exported or re-exported.

(4) An application for an import permit under sub-section (1) in respect of a specimen of a species included in Appendix I or Appendix II shall be made in writing and lodged with the Minister. 

Introduction from the sea of a specimen of a species in Appendix I or II

5.      (1)     The importation into the Territory by way of introduction from the sea of a specimen of a species included in Appendix I or Appendix II is prohibited unless the importer holds a certificate granted by the Minister permitting the importation of the specimen.

(2) The Minister shall not grant a certificate under sub-section (1) in respect of a specimen of a species included in Appendix I unless –

(a)     the designated authority advises that –

(i)      the importation of the specimen will not be detrimental to the survival of that species; and

(ii)     the specimen, if imported, would not be likely to affect adversely the survival of any other species included in Appendix I or Appendix II; and

(b)     the Minister is satisfied –

(i)      where the specimen is a living specimen, that the proposed recipient is suitably equipped to house and care for the specimen; and

(ii)     that the specimen is not to be used for primarily commercial purposes.

(3) The Minister shall not grant a certificate under subsection (1) in respect of a specimen of a species included in Appendix II unless –

(a)     the designated authority advises that the importation of the specimen will not be detrimental to the survival of that species; and

(b)     where the specimen is a living specimen, the Minister is satisfied that the specimen will be handled so that the risk of injury, damage to health or cruel treatment is minimized. 

(4) An application for a certificate under sub-section (1) shall be made in writing and lodged with the Minister.

Exportation of a specimen of a species in Appendix I or II

6.      (1) The exportation from the Territory of a specimen of a species included in Appendix I or Appendix II is prohibited unless the exporter holds an export permit granted by the Minister in respect of the specimen. 

(2) The Minister shall not grant an export permit under sub-section (1) in respect of a specimen of a species included in Appendix I unless –

(a)     the designated authority advises that the exportation of the specimen will not be detrimental to the survival of that species; and

(b)     the Minister is satisfied –

(i)      that the specimen was not obtained in contravention of any law of the Commonwealth or a State or Territory relating to the protection of fauna or flora;

(ii)     where the specimen is a living specimen, that it will be prepared and shipped so that the risk of injury, damage to health or cruel treatment is minimized; and

(iii)     that an import permit in respect of the specimen has been granted by the relevant authority of the country to which the specimen is proposed to be exported.

(3) The Minister shall not grant an export permit under sub-section (1) in respect of a specimen of a species included in Appendix II unless –

(a)     the designated authority advises that the exportation of the specimen will not be detrimental to the survival of that species; and

(b)     the Minister is satisfied –

(i)      that the specimen was not obtained in contravention of any law of the Commonwealth or a State or Territory relating to the protection of fauna or flora; and

(ii)     where the specimen is a living specimen, that it will be prepared and shipped so that the risk of injury, damage to health or cruel treatment is minimized.

(4)  An application for an export permit under sub-section (1) in respect of a specimen of a species included in Appendix I or Appendix II shall be made in writing and lodged with the Minister.

Re-exportation of a specimen of a species in Appendix I or II

7.     (1) The re-exportation from the Territory of a specimen of a species included in Appendix I or Appendix II is prohibited unless the exporter produces to the Collector a re-export certificate granted by the Minister in respect of the specimen.

(2) The Minister shall not grant a re-export certificate under sub-section (1) in respect of a specimen of a species included in Appendix I unless he is satisfied –

(a)     where the specimen was imported into the Territory after the commencement of this Ordinance, that the specimen was so imported in accordance with the provisions of the Convention; and

(b)     where the specimen is a living specimen –

(i)      that it will be prepared and shipped so that the risk of injury, damage to health or cruel treatment is minimized; and

(ii)     that an import permit in respect of the specimen has been granted by the relevant authority of the country to which the specimen is proposed to be re-exported.

(3) The Minister shall not grant a re-export certificate under sub-section (1) in respect of a specimen of a species included in Appendix II unless he is satisfied –

(a)     where the specimen was imported into the Territory after the commencement of this Ordinance, that the specimen was so imported in accordance with the provisions of the Convention; and

(b)     where the specimen is a living specimen, that it will be prepared and shipped so that the risk of injury, damage to health or cruel treatment is minimized.

(4) An application for a re-export certificate under sub-section (1) in respect of a specimen of a species include in Appendix I or Appendix II shall be made in writing and lodged with the Minister.

Importation of a prescribed animal or plant

8.      (1)     The importation into the Territory, not being an importation by way of introduction from the sea, of a prescribed animal or plant, is prohibited unless the importer holds an import permit granted by the Minister in respect of that animal or plant.

(2) The Minister shall not grant an import permit under sub-section (1) in respect of a prescribed animal or plant unless –

(a)     the designated authority advises that –

(i)      the importation of the animal or plant will be for purposes that are not detrimental to the survival of that species; and

(ii)     having regard to those purposes, the animal or plant, if imported, would not be likely to affect adversely the survival of any other species;

(b)     where the animal or plant is a living animal or plant, the designated authority is satisfied that the proposed recipient of the animal or plant is suitably equipped to house and care for the animal or plant; and

(c)     the Minister is satisfied that exportation or re-exportation of an animal or plant would not contravene the law of the country from which the animal or plant has been, or is proposed to be, exported or re-exported to the Territory.

(3) The Minister shall not grant an import permit under sub-section (1) in respect of a prescribed animal or plant unless –

(a)     having regard to the purposes for which it is intended to import the animal or plant, the designated authority advises that the animal or plant, if imported, would not be likely to affect adversely the survival of any other species; and

(b)     the Minister is satisfied that exportation or re-exportation is not contrary to the law of the country from which the animal or plant has been, or is proposed to be, exported or re-exported.

(4) An application for an import permit under sub-section (1) shall be made in writing and lodged with the Minister.

Introduction from the sea of a prescribed animal or plant

9.      (1)     The importation into the Territory by way of introduction from the sea of a prescribed animal or plant is prohibited unless the importer holds a certificate granted by the Minister permitting the importation of the animal or plant.

(2) The Minister shall not grant a certificate under sub-section (1) in respect of an animal or plant unless –

(a)     the designated authority advises that the importation of the animal or plant will not be detrimental to the survival of that species; and

(b)     where the animal or plant is a living animal or plant, the Minister is satisfied that the animal or plant will be handled so that the risk of injury, damage to health or cruel treatment is minimized. 

(3) An application for a certificate under sub-section (1) shall be made in writing and lodged with the Minister.

Exportation of a prescribed animal or plant

10.    (1)     The exportation from the Territory of a prescribed animal or plant is prohibited unless the exporter holds an export permit granted by the Minister in respect of the specimen.

(2) The Minister shall not grant an export permit under sub-section (1) in respect of an animal or plant unless –

(a)     the exportation of the animal or plant will not be detrimental to the survival of that species;

(b)     that the animal or plant was not obtained in contravention of any law of the Commonwealth or a State or Territory relating to the protection of fauna or flora; and

(c)     where the animal or plant is living, that it will be prepared and shipped so that the risk of injury, damage to health or cruel treatment is minimized. 

(3) An application for an export permit under sub-section (1) shall be made in writing and lodged with the Minister.

Re-exportation of a prescribed animal or plant

11.    (1)     The re-exportation from the Territory of a prescribed animal or plant is prohibited unless the exporter produces to the Collector a re-export certificate granted by the Minister in respect of a prescribed animal or plant. 

(2) The Minister shall not grant a re-export certificate under sub-section (1) in respect of an animal or plant unless he is satisfied –

(a)     that the animal or plant was not imported in contravention of the provisions of this Ordinance; and

(b)     where the animal or plant is a living animal or plant, that it will be prepared and shipped so that the risk of injury, damage to health or cruel treatment is minimized. 

(3) An application for a re-export certificate under sub-section (1) shall be made in writing and lodged with the Minister.

Appointment of Collector

12.    The Minister may, by instrument in writing, appoint a person to be a Collector. 

Artificially propagated plants

13.    (1)     A specimen of a plant species included in Appendix I that has been artificially propagated for commercial purposes shall be deemed, for the purposes of this Ordinance, to be a specimen of a species included in Appendix II and not a specimen of a species included in Appendix I. 

(2) A certificate given by the relevant authority of a country from which a specimen of a plant species included in Appendix I or Appendix II is exported or re-exported to the effect that the relevant authority is satisfied that –

(a)    the specimen was artificially propagated;

(b)     the specimen is a part of a specimen of a plant species that was artificially propagated; or

(c)     the specimen is derived from a specimen of a plant species that was artificially propagated,

shall be taken, for the purposes of subsection 4(1), to be an import permit granted by the Minister in respect of the specimen.

(3) A certificate given by the Minister in respect of a specimen of a plant species included in Appendix I or Appendix II to the effect that he is satisfied that –

(a)     the specimen was artificially propagated;

(b)     the specimen is a part of a specimen of a plant species that was artificially propagated; or

(c)     the specimen is derived from a specimen of a plant species that was artificially propagated,

shall be taken –

(d)     for the purposes of sub-section 6(1) – to be an export permit granted by the Minister in respect of the specimen; and

(e)     for the purposes of sub-section 7(1) – to be a re-export certificate granted by the Minister in respect of the specimen.

(4) An application for a certificate referred to in sub-section (3) shall be made in writing and lodged with the Minister.

Personal and household effects

14.    (1)     Sections 4 and 5 do not apply to or in relation to the importation into the Territory by a person of a specimen of a species included in Appendix I or Appendix II, being a specimen that is included in the personal or household effects of that person. 

(2) Sections 6 and 7 do not apply to or in relation to the exportation or re-exportation from the Territory by a person of a specimen of a species that is included in the personal or household effects of that person.

Exemptions

15.    Sections 4, 5, 6 and 7 do not apply to or in relation to the non-commercial loan, donation or exchange in accordance with paragraph 6 of Article VII of the Convention of herbarium specimens, other preserved, dried or embedded museum specimens or live plant material. 

Waiver

16.    (1) Notwithstanding section 4, 5, 6 or 7, the Minister may authorize in writing the importation into, or exportation or re-exportation from, the Territory of any specimen that is part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition where –

(a)     full particulars of the specimen are furnished to the Minister;

(b)     the specimen –

(i)      was acquired before the date on which the provisions of the Convention applied to the specimen;

(ii)     is a specimen of an animal species that was bred in captivity or part of such an animal; or

(iii)     is a specimen of a plant species that was artificially propagated or part of such a plant; and

(c)     if the specimen is a living specimen, the Minister is satisfied that the specimen will be transported and cared for so that the risk of injury, damage to health or cruel treatment is minimized. 

(2) An application for an authority under sub-section (1) shall be made in writing and lodged with the Minister.

Ordinance not to affect other law

17.    The provisions of this Ordinance are in addition to, and do not affect the operation of, the provisions of any law relating to quarantine or any other law in the Territory. 

Offences

18.    A person who does anything that is prohibited by this Ordinance is guilty of an offence against this Ordinance.

Penalties

19.    A person who is guilty of an offence against this Ordinance is punishable upon conviction –

(a)     in the case of body corporate – by a fine not exceeding $2,000; and

(b)     in any other case – by a fine not exceeding $1,000.

Delegation

20.    (1)     The Minister may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Ordinance other than this power of delegation and the power to suspend or cancel a permit.

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Ordinance, be deemed to have been exercised by the Minister. 

(3) A delegation under this section does not prevent the exercise of a power by the Minister.

Forfeiture

21.    A specimen of a species included in Appendix I, Appendix II or a prescribed animal or plant with respect to which an offence has been committed under this Ordinance is forfeited to the Commonwealth.

Regulations

22.    The Minister may make regulations, not inconsistent with this Ordinance, prescribing all matters required or permitted by this Ordinance to be prescribed, or necessary or convenient to be prescribed for giving effect to this Ordinance the Convention or to the Agreement. 

SCHEDULE 1  Section 3

AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND

THE GOVERNMENT OF JAPAN FOR THE PROTECTION OF

MIGRATORY BIRDS AND BIRDS IN DANGER OF

EXTINCTION AND THEIR ENVIRONMENT

The Government of Australia and the Government of Japan,

Considering that birds constitute an important element in the natural environment and play an essential role in enriching the natural environment and that this role may be enhanced by proper management thereof,

Recognising the special international concern, as expressed, for example, at the United Nations Conference on the Human Environment, for the protection of migratory birds and birds in danger of extinction,

Noting the existence of bilateral and multilateral agreements for the protection of migratory birds and birds in danger of extinction,

Considering that many species of birds migrate between Australia and Japan and live seasonally in the respective countries and that there are certain species of birds which are in danger of extinction and also that co-operation between the two Governments is essential for the conservation of these birds, and

Desiring to co-operate in taking measures for the management and protection of migratory birds and birds in danger of extinction and also for the management and protection of their environments,

Have agreed as follows:

Article I

1.         In this Agreement, the term "migratory birds" means:

(a)       the species of birds for which there is reliable evidence of migration between the two countries from the recovery of bands or other markers; and

(b)       the species of birds with subspecies common to both countries or, in the absence of subspecies, the species of birds common to both countries (excepting those whose non-migratory nature is biologically evident). The identification of these species and subspecies shall be based upon specimens, photographs or other reliable evidence.

2.          (a)       The list of the species defined as migratory birds in accordance with paragraph 1 of this Article is contained in the Annex to this Agreement.

(b)       The competent authorities of the two Governments shall review from time to time the Annex and, if necessary, make recommendations to their respective Governments to amend it.

(c)       The Annex shall be considered amended three months after the date upon which the two Governments confirm, by an exchange of diplomatic notes, their respective acceptance of such recommendations.

Article II

1.         Each Government shall prohibit the taking of migratory birds or their eggs. However, exceptions to the prohibition of taking may be permitted in accordance with the laws and regulations in force in each country in the following cases:

(a)       for scientific, educational, propagative or other specific purposes not inconsistent with the objectives of this Agreement;

(b)       for the purpose of protecting persons and property;

(c)       during hunting seasons established in accordance with paragraph 3 of this Article; and

(d)       to allow the hunting and gathering of specified birds or their eggs by the inhabitants of certain regions who have traditionally carried on such activities for their own food, clothing or cultural purposes, provided that the population of each species is maintained in optimum numbers and that adequate preservation of the species is not prejudiced.

2.         Each Government shall prohibit any sale, purchase or exchange of migratory birds or their eggs, whether they are alive or dead, except those taken in accordance with the second sentence of paragraph 1 of this Article, or of the products thereof or their parts.

3.         Each Government may establish seasons for hunting migratory birds taking into account the maintenance of normal annual reproduction of those birds.

Article III

1.         Each Government shall take special protective measures, as appropriate, for the preservation of species or subspecies of birds which are in danger of extinction.

2.         Whenever either Government has determined the species or subspecies of birds which are in danger of extinction and taken special protective measures therefor, the Government shall inform the other Government of such determination and of any cancellation thereafter of such determination.

3.         Each Government shall control the exportation or importation of such species or subspecies of birds as are determined in accordance with paragraph 2 of this Article, and of the products thereof.

Article IV

1.         The two Governments shall exchange data and publications regarding research on migratory birds and birds in danger of extinction.

2.         Each Government shall encourage the formulation of joint research programs on migratory birds and birds in danger of extinction.

3.         Each Government shall encourage the conservation of migratory birds and birds in danger of extinction.

Article V

Each Government shall endeavour to establish sanctuaries and other facilities for the management and protection of migratory birds and birds in danger of extinction and also of their environment.

Article VI

Each Government shall endeavour to take appropriate measures to preserve and enhance the environment of birds protected under the provisions of this Agreement. In particular, it shall:

(a)       seek means to prevent damage to such birds and their environment;

(b)       endeavour to take such measures as may be necessary to control the importation of animals and plants which it determines to be hazardous to the preservation of such birds; and

(c)       endeavour to take such measures as may be necessary to control the introduction of animals and plants which could disturb the ecosystems of unique island environments.

Article VII

Each Government agrees to take measures necessary to carry out the purposes of this Agreement.

Article VIII

Upon the request of either Government, the two Governments shall hold consultations regarding the operation of this Agreement.

Article IX

1.         This Agreement shall be ratified and the instruments of ratification shall be exchanged at Canberra as soon as possible.

2.         This Agreement shall enter into force on the date of the exchange of the instruments of ratification. It shall remain in force for fifteen years and shall continue in force thereafter until terminated as provided herein.

3.         Either Government may, by giving one year's notice in writing, terminate this Agreement at the end of the initial fifteen year period or at any time thereafter.

IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

DONE in duplicate, in the English and Japanese languages, each text being equally authentic, at Tokyo, this sixth day of February, one thousand nine hundred and seventy-four.

FOR THE GOVERNMENT OF                   FOR THE GOVERNMENT OF

AUSTRALIA:    JAPAN:

D J HORNE   MASAYOSHI OHIRA

L.S.   L.S.

ANNEX

Common Name Scientific Name
1 Streaked Shearwater Calonectris leucomelas
2 Wedge-tailed Shearwater Puffinus pacificus
3 Fleshy-footed Shearwater Puffinus carneipes
4 Sooty Shearwater Puffinus griseus
5 Short-tailed Shearwater Puffinus tenuirostris
6 Wilson's Storm-petrel Oceanites oceanicus
7 Leach's Storm-petrel    Oceanodroma leucorhoa
8 White-tailed Tropic-bird                 Phaethon lepturus
9 Brown Booby    Sula leucogaster
10 Masked Booby    Sula dactylatra
11 Red-footed Booby    Sula sula
12 Greater Frigate-bird              Fregata minor
13 Lesser Frigate-bird               Fregata ariel
14 Cattle Egret    Bubulcus ibis
15 White Egret    Egretta alba
16 Garganey Teal    Anas querquedula
17 Ringed Plover    Charadrius hiaticula
18 Mongolian Sand-dotterel   Charadrius mongolus
19 Large Sand-dotterel    Charadrius leschenaultii
20 Oriental Dotterel    Charadrius asiaticus
21 Eastern Golden Plover                     Pluvialis dominica
22 Grey Plover    Pluvialis squatarola
23 Turnstone    Arenaria interpres
24 Red-necked Stint    Calidris ruficollis
25

Long-toed Stint     

Calidris minutilla (including Calidris subminuta)
26 Baird's Sandpiper     Calidris bairdii
27 Pectoral Sandpiper               Calidris melanotos

ANNEX - continued

Common Name Scientific Name
28 Sharp-tailed Sandpiper                    Calidris acuminate
29 Curlew Sandpiper     Calidris ferruginea
30 Knot    Calidris canutus
31 Great Knot    Calidris tenuirostris
32 Sanderling     Crocethia alba
33 Ruff (Reeve)    Philomachus pugnax
34 Buff-breasted Sandpiper     Tryngites subruficollis
35 Broad-billed Sandpiper                   Limicola falcinellus
36 Little Greenshank    Tringa stagnatilis
37 Greenshank    Tringa nebularia
38 Wood Sandpiper    Tringa glareola
39 Grey-tailed Tattler    Tringa brevipes
40 Wandering Tattler    Tringa incana
41 Common Sandpiper    Tringa hypoleucos
42 Terek Sandpiper    Xenus cinereus
43 Black-tailed Godwit              Limosa limosa
44 Bar-tailed Godwit    Limosa lapponica
45 Eastern Curlew    Numenius madagascariensis
46 Whimbrel    Numenius phaeopus
47 Little Whimbrel    Numenius minutus
48 Pin-tailed Snipe    Gallinago megala
49 Japanese Snipe    Gallinago hardwickii
50 Red-necked Phalarope                    Phalaropus lobatus
51 Oriental Pratincole               Glareola pratincola
52 South-polar Skua    Stercorarius skua
53 Pomarine Skua    Stercorarius pomarinus
54 Arctic Skua    Stercorarius parasiticus
55 White-winged Black Tern   Chlidonias leucoptera
56 Crested Tern    Sterna bergii

ANNEX - continued

Common Name Scientific Name
57 Asiatic Common Tern                     Sterna hirundo
58 Black-naped Tern    Sterna sumatrana
59 Bridled Tern    Sterna anaethetus
60 Little Tern      Sterna albifrons
61 Noddy    Anous stolidus
62 Oriental Cuckoo    Cuculus saturatus
63 Spine-tailed Swift     Chaetura caudacuta
64 Fork-tailed Swift    Apus pacificus
65 Barn Swallow    Hirundo rustica
66 Yellow Wagtail    Motacilla flava

SCHEDULE 2      Section 3

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES

OF WILD FAUNA AND FLORA

PREAMBLE

The Contracting States,

Recognizing that wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth which must be protected for this and the generations to come;

Conscious of the ever-growing value of wild fauna and flora from aesthetic, scientific, cultural, recreational and economic points of view;

Recognizing that peoples and States are and should be the best protectors of their own wild fauna and flora;

Recognizing, in addition, that international cooperation is essential for the protection of certain species of wild fauna and flora against over-exploitation through international trade;

Convinced of the urgency of taking appropriate measures to this end;

Have agreed as follows:

ARTICLE I

Definitions

For the purpose of the present Convention, unless the context otherwise requires:

(a)    "Species" means any species, subspecies, or geographically separate population thereof;

(b)   "Specimen" means:

(i)      any animal or plant, whether alive or dead;

(ii)     in the case of an animal: for species included in Appendices I and II, any readily recognizable part or derivative thereof; and for species included in Appendix III, any readily recognizable part or derivative thereof specified in Appendix III in relation to the species; and

(iii)    in the case of a plant: for species included in Appendix I, any readily recognizable part or derivative thereof; and for species included in Appendices II and III, any readily recognizable part or derivative thereof specified in Appendices II and III in relation to the species;

(c)    "Trade" means export, re-export, import and introduction from the sea;

(d)   "Re-export" means export of any specimen that has previously been imported;

(e)            "Introduction from the sea" means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State;

(f)     "Scientific Authority" means a national scientific authority designated in accordance with Article IX;

(g)    "Management Authority" means a national management authority designated in accordance with Article IX;

(h)    "Party" means a State for which the present Convention has entered into force.

ARTICLE II

Fundamental Principles

1.    Appendix I shall include all species threatened with extinction which are or may be affected by trade. Trade in specimens of these species must be subject to particularly strict regulation in order not to endanger further their survival and must only be authorized in exceptional circumstances.

Appendix II shall include:

(a)    all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival; and

(b)    other species which must be subject to regulation in order that trade in specimens of certain species referred to in sub-paragraph (a) of this paragraph may be brought under effective control.

3.    Appendix III shall include all species which any party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the cooperation of other parties in the control of trade.

4.    The Parties shall not allow trade in specimens of species included in Appendices I, II and III except in accordance with the provisions of the present Convention.

ARTICLE III

Regulation of Trade in Specimens of Species included in Appendix I

1.    All trade in specimens of species included in Appendix I shall be in accordance with the provisions of this Article.

2.    The export of any specimen of a species included in Appendix I 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:

(a)    a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;

(b)    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;

(c)    a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and

(d)    a Management Authority of the State of export is satisfied that an import permit has been granted for the specimen.

3.    The import of any specimen of a species included in Appendix I shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate. An import permit shall only be granted when the following conditions have been met:

(a)    a Scientific Authority of the State of import has advised that the import will be for purposes which are not detrimental to the survival of the species involved;

(b)    a Scientific Authority of the State of import is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and

(c)    a Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes.

4.    The re-export of any specimen of a species included in Appendix I 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:

(a)    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;

(b)    a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and

(c)    a Management Authority of the State of re-export is satisfied that an import permit has been granted for any living specimen.

5.    The introduction from the sea of any specimen of a species included in Appendix I 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:

(a)    a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved;

(b)   a Management Authority of the State of introduction is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and

(c)    a Management Authority of the State of introduction is satisfied that the specimen is not to be used for primarily commercial purposes.

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:

(a)    a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;

(b)    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

(c)    a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimise 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.    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.    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:

(a)    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

(b)    a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimise 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:

(a)    a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; and

(b)    a Management Authority of the State of introduction is satisfied that any living specimen will be so handled as to minimise the risk of injury, damage to health or cruel treatment.

7.    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.

ARTICLE V

Regulation of Trade in Specimens of Species included in Appendix III

1.    All trade in specimens of species included in Appendix III shall be in accordance with the provisions of this Article.

2.    The export of any specimen of a species included in Appendix III from any State which has included that species in Appendix III 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:

(a)    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

(b)    a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment.

3.    The import of any specimen of a species included in Appendix III shall require, except in circumstances to which paragraph 4 of this Article applies, the prior presentation of a certificate of origin and, where the import is from a State which has included that species in Appendix III, an export permit.

4.    In the case of re-export, a certificate granted by the Management Authority of the State of re-export that the specimen was processed in that State or is being re-exported shall be accepted by the State of import as evidence that the provisions of the present Convention have been complied with in respect of the specimen concerned.

ARTICLE VI

Permits and Certificates

1.    Permits and certificates granted under the provisions of Articles III, IV and V shall be in accordance with the provisions of this Article.

2.    An export permit shall contain the information specified in the model set forth in Appendix IV, and may only be used for export within a period of six months from the date on which it was granted.

3.    Each permit or certificate shall contain the title of the present Convention, the name and any identifying stamp of the Management Authority granting it and a control number assigned by the Management Authority.

4.    Any copies of a permit or certificate issued by a Management Authority shall be clearly marked as copies only and no such copy may be used in place of the original, except to the extent endorsed thereon.

5.    A separate permit or certificate shall be required for each consignment of specimens.

6.    A Management Authority of the State of import of any specimen shall cancel and retain the export permit or re-export certificate and any corresponding import permit presented in respect of the import of that specimen.

7.    Where appropriate and feasible a Management Authority may affix a mark upon any specimen to assist in identifying the specimen. For these purposes "mark" means any indelible imprint, lead seal or other suitable means of identifying a specimen, designed in such a way as to render its imitation by unauthorized persons as difficult as possible.

ARTICLE VII

Exemptions and Other Special Provisions Relating to Trade

1.    The provisions of Articles III, IV and V shall not apply to the transit or trans-shipment of specimens through or in the territory of a Party while the specimens remain in Customs control.

2.    Where a Management Authority of the State of export or re-export is satisfied that a specimen was acquired before the provisions of the present Convention applied to that specimen, the provisions of Articles III, IV and V shall not apply to that specimen where the Management Authority issues a certificate to that effect.

3.    The provisions of Articles III, IV and V shall not apply to specimens that are personal or household effects. This exemption shall not apply where:

(a)    in the case of specimens of a species included in Appendix I, they were acquired by the owner outside his State of usual residence, and are being imported into that State; or

(b)    in the case of specimens of species included in Appendix II:

(i)      they were acquired by the owner outside his State of usual residence and in a State where removal from the wild occurred;

(ii)     they are being imported into the owner's State of usual residence; and

(iii)    the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens;

unless a Management Authority is satisfied that the specimens were acquired before the provisions of the present Convention applied to such specimens.

4.    Specimens of an animal species included in Appendix I bred in captivity for commercial purposes, or of a plant species included in Appendix I artificially propagated for commercial purposes, shall be deemed to be specimens of species included in Appendix II.

5.    Where a Management Authority of the State of export is satisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived therefrom, a certificate by that Management Authority to that effect shall be accepted in lieu of any of the permits or certificates required under the provisions of Articles III, IV or V.

6.    The provisions of Articles III, IV and V shall not apply to the non-commercial loan, donation or exchange between scientists or scientific institutions registered by a Management Authority of their State, of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material which carry a label issued or approved by a Management Authority.

7.    A Management Authority of any State may waive the requirements of Articles III, IV and V and allow the movement without permits or certificates of specimens which form part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition provided that:

(a)    the exporter or importer registers full details of such specimens with that Management Authority;

(b)    the specimens are in either of the categories specified in paragraphs 2 or 5 of this Article; and

(c)    the Management Authority is satisfied that any living specimen will be so transported and cared for as to minimise the risk of injury, damage to health or cruel treatment.  

ARTICLE VIII

Measures to be Taken by the Parties

1.    The Parties shall take appropriate measures to enforce the provisions of the present Convention and to prohibit trade in specimens in violation thereof. These shall include measures:

(a)    to penalise trade in, or possession of, such specimens, or both; and

(b)    to provide for the confiscation or return to the State of export of such specimens.

2.    In addition to the measures taken under paragraph 1 of this Article, a Party may, when it deems it necessary, provide for any method of internal reimbursement for expenses incurred as a result of the confiscation of a specimen traded in violation of the measures taken in the application of the provisions of the present Convention.

3.    As far as possible, the Parties shall ensure that specimens shall pass through any formalities required for trade with a minimum of delay. To facilitate such passage, a Party may designate ports of exit and ports of entry at which specimens must be presented for clearance. The Parties shall ensure further that all living specimens, during any period of transit, holding or shipment, are properly cared for so as to minimise the risk of injury, damage to health or cruel treatment.

4.    Where a living specimen is confiscated as a result of measures referred to in paragraph 1 of this Article:

(a)    the specimen shall be entrusted to a Management Authority of the State of confiscation;

(b)    the Management Authority shall, after consultation with the State of export, return the specimen to that State at the expense of that State, or to a rescue centre or such other place as the Management Authority deems appropriate and consistent with the purposes of the present Convention; and

(c)            the Management Authority may obtain the advice of a Scientific Authority, or may, whenever it considers it desirable, consult the Secretariat in order to facilitate the decision under sub-paragraph (b) of this paragraph, including the choice of a rescue centre or other place.

5.    A rescue centre as referred to in paragraph 4 of this Article means an institution designated by a Management Authority to look after the welfare of living specimens, particularly those that have been confiscated.

6.    Each Party shall maintain records of trade in specimens of species included in Appendices I, II and III which shall cover:

(a)    the names and addresses of exporters and importers; and

(b)    the number and type of permits and certificates granted; the States with which such trade occurred; the numbers or quantities and types of specimens, names of species as included in Appendices I, II and III and, where applicable, the size and sex of the specimens in question.

7.    Each Party shall prepare periodic reports on its implementation of the present Convention and shall transmit to the Secretariat:

(a)    an annual report containing a summary of the information specified in sub-paragraph (b) of paragraph 6 of this Article; and

(b)    a biennial report on legislative, regulatory and administrative measures taken to enforce the provisions of the present Convention.

8.    The information referred to in paragraph 7 of this Article shall be available to the public where this is not inconsistent with the law of the Party concerned.

ARTICLE IX

Management and Scientific Authorities

1.    Each Party shall designate for the purposes of the present Convention:

(a)    one or more Management Authorities competent to grant permits or ertificates on behalf of that Party; and

(b)    one or more Scientific Authorities.

2.    A State depositing an instrument of ratification, acceptance, approval or accession shall at that time inform the Depositary Government of the name and address of the Management Authority authorized to communicate with other Parties and with the Secretariat.

3.    Any changes in the designations or authorizations under the provisions of this Article shall be communicated by the Party concerned to the Secretariat for transmission to all other Parties.

4.    Any Management Authority referred to in paragraph 2 of this Article shall if so requested by the Secretariat or the Management Authority of another Party, communicate to it impression of stamps, seals or other devices used to authenticate permits or certificates.

ARTICLE X

Trade with States not Party to the Convention

Where export or re-export is to, or import is from, a State not a party to the present Convention, comparable documentation issued by the competent authorities in that State which substantially conforms with the requirements of the present Convention for permits and certificates may be accepted in lieu thereof by any Party.

ARTICLE XI

Conference of the Parties

1.    The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of the present Convention.

2.    Thereafter the Secretariat shall convene regular meetings at least once every two years, unless the Conference decides otherwise, and extraordinary meetings at any time on the written request of at least one-third of the Parties.

3.    At meetings, whether regular or extraordinary, the Parties shall review the implementation of the present Convention and may:

(a)    make such provisions as may be necessary to enable the Secretariat to carry out its duties;

(b)    consider and adopt amendments to Appendices I and II in accordance with Article XV;

(c)    review the progress made towards the restoration and conservation of the species included in Appendices I, II and III;

(d)    receive and consider any reports presented by the Secretariat or by any Party; and

(e)    where appropriate, make recommendations for improving the effectiveness of the present Convention.

4.    At each regular meeting, the Parties may determine the time and venue of the next regular meeting to be held in accordance with the provisions of paragraph 2 of this Article.

5.    At any meeting, the Parties may determine and adopt rules of procedure for the meeting.

6.    The United Nations, its Specialized Agencies and the International Atomic Energy Agency, as well as any State not a Party to the present Convention, may be represented at meetings of the Conference by observers, who shall have the right to participate but not to vote.

7.    Any body or agency technically qualified in protection, conservation or management of wild fauna and flora, in the following categories, which has informed the Secretariat of its desire to be represented at meetings of the Conference by observers, shall be admitted unless at least one-third of the Parties present object:

(a)    international agencies or bodies, either governmental or non-governmental, and national governmental agencies and bodies; and

(b)    national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located. Once admitted, these observers shall have the right to participate but not to vote.

ARTICLE XII

The Secretariat

1.    Upon entry into force of the present Convention, a Secretariat shall be provided by the Executive Director of the United Nations Environment Programme. To the extent and in the manner he considers appropriate, he may be assisted by suitable inter-government or non-governmental, international or national agencies and bodies technically qualified in protection, conservation and management of wild fauna and flora.

2.    The Functions of the Secretariat shall be:

(a)    to arrange for and service meetings of the Parties;

(b)    to perform the functions entrusted to it under the provisions of Articles XV and XVI of the present Convention;

(c)    to undertake scientific and technical studies in accordance with programs authorized by the Conference of the Parties as will contribute to the implementation of the present Convention, including studies concerning standards for appropriate preparation and shipment of living specimens and the means of identifying specimens;

(d)    to study the reports of Parties and to request from Parties such further information with respect thereto as it deems necessary to ensure implementation of the present Convention;

(e)    to invite the attention of the Parties to any matter pertaining to the aims of the present Convention;

(f)     to publish periodically and distribute to the Parties current editions of Appendices I, II and III together with any information which will facilitate identification of specimens of species included in those Appendices;

(g)    to prepare annual reports to the Parties on its work and on the implementation of the present Convention and such other reports as meetings of the Parties may request;

(h)    to make recommendations for the implementation of the aims and provisions of the present Convention, including the exchange of information of a scientific or technical nature;

(i)     to perform any other function as may be entrusted to it by the Parties.

ARTICLE XIII

International Measures

1.    When the Secretariat in the light of information received is satisfied that any species included in Appendix I or II is being affected adversely by trade in specimens of that species or that the provisions of the present Convention are not being effectively implemented, it shall communicate such information to the authorized Management Authority of the Party or Parties concerned.

2.    When any Party receives a communication as indicated in paragraph 1 of this Article, it shall, as soon as possible, inform the Secretariat of any relevant facts insofar as its laws permit and, where appropriate, propose remedial action. Where the Party considers that an inquiry is desirable, such inquiry may be carried out by one or more persons expressly authorized by the Party.

3.    The information provided by the Party or resulting from any inquiry as specified in paragraph 2 of this Article shall be reviewed by the next Conference of the Parties which may make whatever recommendations it deems appropriate.

ARTICLE XIV

Effect on Domestic Legislation and International Conventions

1.    The provisions of the present Convention shall in no way affect the right of Parties to adopt:

(a)    stricter domestic measures regarding the conditions for trade, taking, possession or transport of specimens of species included in Appendices I, II and III, or the complete prohibition thereof; or

(b)    domestic measures restricting or prohibiting trade, taking, possession or transport of species not included in Appendix I, II or III.

2.    The provisions of the present Convention shall in no way affect the provisions of any domestic measures or the obligations of Parties deriving from any treaty, convention, or international agreement relating to other aspects of trade, taking, possession, or transport of specimens which is in force or subsequently may enter into force for any Party including any measure pertaining to the Customs, public health, veterinary or plant quarantine fields.

3.    The provisions of the present Convention shall in no way affect the provisions of, or the obligations deriving from, any treaty, convention or international agreement concluded or which may be concluded between States creating a union or regional trade agreement establishing or maintaining a common external customs control and removing customs control between the parties thereto insofar as they relate to trade among the States members of that union or agreement.

4.    A State party to the present Convention, which is also a party to any other treaty, convention or international agreement which is in force at the time of the coming into force of the present Convention and under the provisions of which protection is afforded to marine species included in Appendix II, shall be relieved of the obligations imposed on it under the provisions of the present Convention with respect to trade in specimens of species included in Appendix II that are taken by ships registered in that State and in accordance with the provisions of such other treaty, convention or international agreement.

5.    Notwithstanding the provisions of Articles III, IV and V, any export of a specimen taken in accordance with paragraph 4 of this Article shall only require a certificate from a Management Authority of the State of introduction to the effect that the specimen was taken in accordance with the provisions of the other treaty, convention or international agreement in question.

6.    Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.

ARTICLE XV

Amendments to Appendices I and II

1.    The following provisions shall apply in relation to amendments to Appendices I and II at meetings of the Conference of the Parties:

(a)    Any Party may propose an amendment to Appendix I or II for consideration at the next meeting. The text of the proposed amendment shall be communicated to the Secretariat at least 150 days before the meeting. The Secretariat shall consult the other Parties and interested bodies on the amendment in accordance with the provisions of sub-paragraphs (b) and (c) of paragraph 2 of this Article and shall communicate the response to all Parties not later than 30 days before the meeting.

(b)    Amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes "Parties present and voting" means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment.

(c)    Amendments adopted at a meeting shall enter into force 90 days after that meeting for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.

2.    The following provisions shall apply in relation to amendments to Appendices I and II between meetings of the Conference of the Parties:

(a)    Any Party may propose an amendment to Appendix I or II for consideration between meetings by the postal procedures set forth in this paragraph.

(b)    For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult inter-governmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co-ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible.

(c)    For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties, and, as soon as possible thereafter, its own recommendations.

(d)    Any Party may, within 60 days of the date on which the Secretariat communicated its recommendations to the Parties under sub-paragraphs (b) or (c) of this paragraph, transmit to the Secretariat any comments on the proposed amendment together with any relevant scientific data and information.

(e)    The Secretariat shall communicate the replies received together with its own recommendations to the Parties as soon as possible.

(f)     If no objection to the proposed amendment is received by the Secretariat within 30 days of the date the replies and recommendations were communicated under the provisions of sub-paragraph (e) of this paragraph, the amendment shall enter into force 90 days later for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.

(g)    If an objection by any Party is received by the Secretariat, the proposed amendment shall be submitted to a postal vote in accordance with the provisions of sub-paragraphs (h) , (i) and (j) of this paragraph.

(h)    The Secretariat shall notify the Parties that notification of objection has been received.

(i)     Unless the Secretariat receives the votes for, against or in abstention from at least one-half of the Parties within 60 days of the date of notification under sub-paragraph (h) of this paragraph, the proposed amendment shall be referred to the next meeting of the Conference for further consideration.

(j)     Provided that votes are received from one-half of the Parties, the amendment shall be adopted by a two-thirds majority of Parties casting an affirmative or negative vote.

(k)    The Secretariat shall notify all Parties of the result of the vote.

(l)     If the proposed amendment is adopted it shall enter into force 90 days after the date of the notification by the Secretariat of its acceptance for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.

3. During the period of 90 days provided for by sub-paragraph (c) of paragraph 1 or sub-paragraph (l) of paragraph 2 of this Article any Party may by notification in writing to the Depositary Government make a reservation with respect to the amendment. Until such reservation is withdrawn the Party shall be treated as a State not a party to the present Convention with respect to trade in the species concerned.

ARTICLE XVI

Appendix III and Amendments thereto

1.    Any party may at any time submit to the Secretariat a list of species which it identifies as being subject to regulation within its jurisdiction for the purpose mentioned in paragraph 3 of Article II. Appendix III shall include the names of the Parties submitting the species for inclusion therein, the scientific names of the species so submitted, and any parts or derivatives of the animals or plants concerned that are specified in relation to the species for the purposes of sub-paragraph (b) of Article I.

2.    Each list submitted under the provisions of paragraph 1 of this Article shall be communicated to the Parties by the Secretariat as soon as possible after receiving it. The list shall take effect as part of Appendix III 90 days after the date of such communication. At any time after the communication of such list, any Party may by notification in writing to the Depositary Government enter a reservation with respect to any species or any parts or derivatives, and until such reservation is withdrawn, the State shall be treated as a State not a Party to the present Convention with respect to trade in the species or part or derivative concerned.

3.    A Party which has submitted a species for inclusion in Appendix III may withdraw it at any time by notification to the Secretariat which shall communicate the withdrawal to all Parties. The withdrawal shall take effect 30 days after the date of such communication.

4.    Any Party submitting a list under the provisions of paragraph 1 of this Article shall submit to the Secretariat a copy of all domestic laws and regulations applicable to the protection of such species, together with any interpretations which the Party may deem appropriate or the Secretariat may request. The Party shall, for as long as the species in question is included in Appendix III, submit any amendments of such laws and regulations or any interpretations as they are adopted.

ARTICLE XVII

Amendment of the Convention

1.    An extraordinary meeting of the Conference of the Parties shall be convened by the Secretariat on the written request of at least one-third of the Parties to consider and adopt amendments to the present Convention. Such amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes "Parties present and voting" means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment.

2.    The text of any proposed amendment shall be communicated by the Secretariat to all Parties at least 90 days before the meeting.

3.    An amendment shall enter into force for the Parties which have accepted it 60 days after two-thirds of the Parties have deposited an instrument of acceptance of the amendment with the Depositary Government. Thereafter, the amendment shall enter into force for any other Party 60 days after that Party deposits its instrument of acceptance of the amendment.

ARTICLE XVIII

Resolution of Disputes

1.    Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of the present Convention shall be subject to negotiation between the Parties involved in the dispute.

2.    If the dispute cannot be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at The Hague and the Parties submitting the dispute shall be bound by the arbitral decision.

ARTICLE XIX

Signature

The present Convention shall be open for signature at Washington until 30th April 1973 and thereafter at Berne until 31st December 1974.

ARTICLE XX

Ratification, Acceptance, Approval

The present Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Swiss Confederation which shall be the Depositary Government.

ARTICLE XXI

Accession

The present Convention shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.

ARTICLE XXII

Entry into Force

1.    The present Convention shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government.

2.    For each State which ratifies, accepts or approves the present Convention or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.

ARTICLE XXIII

Reservations

1.    The provisions of the present Convention shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article and Articles XV and XVI.

2.    Any State may, on depositing its instrument of ratification, acceptance, approval or accession, enter a specific reservation with regard to:

(a)       any species included in Appendix I, II or III; or

(b)       any parts or derivatives specified in relation to a species included in Appendix III.

3.    Until a Party withdraws its reservation entered under the provisions of this Article, it shall be treated as a State not a Party to the present Convention with respect to trade in the particular species or parts or derivatives specified in such reservation.

ARTICLE XXIV

Denunciation

Any Party may denounce the present Convention by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Government has received the notification.

ARTICLE XXV

Depositary

1.    The original of the present Convention, in the Chinese, English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government, which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it.

2.    The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Convention, amendments thereto, entry and withdrawal of reservations and notifications of denunciation.

3.    As soon as the present Convention enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

In witness whereof the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Convention.

Done at Washington this third day of March, One Thousand Nine Hundred and Seventy-three.

APPENDICES I AND II

INTERPRETATION:

  1. Species included in these appendices are referred to:

(a)     by the name of the species; or

(b)     as being all of the species included in a higher taxon or designated part thereof.

  1. The abbreviation “spp.” is used to denote all species of a higher taxon.

  1. Other references to taxa higher than species are for the purposes of information or classification only.

  1. The abbreviation “p.e.” is used to denote species which are possibly extinct.

  1. An asterisk (*) placed against the name of a species or higher taxon indicates that one or more geographically separate populations, subspecies or species of that species or taxon are included in Appendix I and that these populations, subspecies or species are excluded from Appendix II.

  1. Two asterisks (**) placed against the name of a species or higher taxon indicate that one or more geographically separate populations, subspecies or species of that species or taxon are included in Appendix II and that these populations, subspecies or species are excluded from Appendix I.

  1. The symbol (+) followed by a number placed against the name of a species or higher taxon denotes that only designated geographically separate populations, subspecies or species of that species or taxon are included in the appendix concerned, as follows:

+201  Population of South America

+202  (A)     North Pacific stock

(B)    Stock in area from 0 degree longitude to 70 degrees east longitude, from the equator to the Antarctic Continent.

+203  Populations of Bhutan, India, Nepal and Pakistan

+204  Italian population

+205  All North American subspecies

+206  Asian population

+207  Indian population

+208  Australian population

+209  Himalayan population

+210  Population of the United States of America

+211  All New Zealand species

+212  Population of Chile

+213  All species of the family in the Americas

+214  Australian populations.

  1. The symbol ( – ) followed by a number placed against the name of a species or higher taxon denotes that designated geographically separate populations, subspecies, species, groups of species or families of that species or taxon are excluded from the appendix concerned, as follows:

-101        (A)  Stock in North Atlantic off Iceland

(B)    Stock in North Atlantic off Newfoundland

(C)    Stock in area from 40 degrees south latitude to Antarctic

Continent, from 120 degrees west longitude to 60 degrees west longitude

-102 Populations of Bhutan, India, Nepal and Pakistan

-103 Panthera tigris altaica (= amurensis)

-104 Australian population

-105 Cathartidae

-106 Population of the United States of America

-107 Australian population

-108 Population of Papua New Guinea

-109 Population of Chile

-110 All species which are not succulent.

  1. Any plant, whether alive or dead, as well as any readily recognizable part or derivative of a plant of a species or higher taxon included in Appendix II are covered by the provisions of the Convention, unless the symbol (>) followed by a number is placed against the name of that species or taxon.  In such a case, only the plant, whether alive or dead, and the parts or derivatives designated as follows are concerned:

>1 designates roots

>2 designates timber

>3 designates trunks

Appendix I Appendix II
FAUNA
MAMMALIA
Monotremata
Tachyglossidae Zaglossus spp.
Marsupialia
Macropodidae Bettongia spp.
Caloprymnus campestris p.e.
Dendrolagus bennettianus
Dendrolagus lumholtzi
Dendrolagus inustus
Dendrolagus ursinus
Lagorchestes hirsutus
Lagostrophus fasciatus
Onychogalea frenata
Onychogalea lunata
Phalangeridae Phalanger maculatus
Phalanger orientalis
Burramyidae Burramys parvus
Vombatidae Lasiorhinus krefftii
Peramelidae Chaeropus ecaudatus p.e.
Macrotis lagotis
Macrotis leucura
Perameles bougainville
Dasyuridae Sminthopsis longicaudata
Sminthopsis psammophila
Thylacinidae Thylacinus cynocephalus p.e.
Insectivora
Erinaceidae Erinaceus frontalis
Primates Primates spp.*
Lemuridae Allocebus spp.
Cheirogaleus spp.
Hapalemur spp.
Lemur spp.
Lepilemur spp.
Microcebus spp.
Phaner spp.
Indriidae Avahi spp.
Indri spp.
Propithecus spp.
Daubentoniidae Daubentonia madagascariensis
Callithricidae Callimico goeldii
Callithrix aurita
Callithrix flaviceps
Leontopithecus (Leontideus) spp.
Saguinus bicolor
Saguinus leucopus
Saguinus ocdipus
Cebidae Alouatta palliata (villosa)
Ateles geoffroyi frontatus
Ateles geoffroyi panamensis
Brachyteles arachnoides
Cacajao spp.
Chiropotes albinasus
Saimiri oerstedii
Cercopithecidae Cercocebus galeritus galeritus
Colobus badius kirkii
Colobus badius rufomitratus
Macaca silenus
Nasalis larvatus
Presbytis entellus
Presbytis geei
Presbytis pileatus
Presbytis potenziani
Pygathrix nemaeus
Simias concolor
Hylobatidae Hylobates spp.
Symphalangus syndactylus
Pongidae Pongidae spp.
Edentata
Myrmecophagidae Myrmecophaga tridactyla
Tamandua tetradactyla chapadensis
Bradypodidae Bradypus boliviensis
Dasypodidae Priodontes giganteus (=maximus)
Pholidota
Manidae Manis crassicaudata
Manis javanica
Manis pentadactyla
Manis temmincki
Lagomorpha
Leporidae Caprolagus hispidus
Nesolagus netscheri
Romerolagus diazi
Rodentia
Sciuridae Cynomys mexicanus
Lariscus hosei
Ratufa spp.
Heteromyidae Dipodomys phillipsii phillipsii
Muridae Leporillus conditor
Notomys spp.
Pseudomys fumeus
Pseudomys praeconis
Pseudomys shortridgei
Xeromys myoides
Zyzomys pedunculatus
Chinchillidae Chinchilla spp. +201
Cetacea Cetacea spp.*
Platanistidae Lipotes vexillifer
Platanista gangetica
Platanista minor
Delphinidae Sotalia spp.
Sousa spp.
Phocaenidae Neophocaena phocaenoides
Phocoena sinus
Sschrichtidae Eschrichtius robustus (glaucus)
Balaenopteridae Balaenoptera borealis** +202
Balaenoptera musculus
Balaenoptera physalus**
- 101
Megaptera novaeangliae
Balaenidae Balaena mysticetus
Eubalaena spp.
Carnivora
Canidae Canis lupus** +203 Canis lupus* —102
Chrysocyon brachyurus
Cuon alpinus
Dusicyon culpaeus
Dusicyon fulvipes
Dusicyon griseus
Speothos venaticus
Vulpes cana
Vulpes velox hebes
Ursidae Helarctos malayanus
Selenarctos thibetanus
Tremarctos ornatus
Ursus arctos** + 204 Ursus arctos* +205
Ursus arctos isabellinus
Ursus arctos nelsoni
Ursus arctos pruinosus
Ursus (Thalarctas) maritimus
Procyonidae Ailurus fulgens
Mustelidae Aonyx microdon
Conepatus humboldti
Enhydra lutris nereis
Lutra felina
Lutra longicaudis (platensis/annectens)
Lutra lutra
Lutra provocax
Lutrinae spp.*
Mustela migripes
Pteronura brasiliensis
Viverridae Cryptoprocta ferox
Cynogale bennetti
Eupleres goudotti
Eupleres major
Fossa fossa
Hemigalus derbyanus
Prionodon linsang
Prionodon pardicolor
Hyaenidae Hyaena brunnea
Felidae Felidae spp.*
Acinonyx jubatus
Felis bengalensis bengalensis
Felis caracal** +206
Felis concolor coryi
Felis concolor costaricensis
Felis concolor cougar
Felis jacobita
Felis marmorata
Felis nigripes
Felis pardalis mearnsi
Felis pardalis mitis
Felis planiceps
Felis rubiginosa** +207
Felis (Lynx) rufa escuinapae
Felis temmincki
Felis trigrina oncilla
Felis wiedii nicaraguae
Felis wiedii salvinia
Felis yagouaroundi cacomitli
Felis yagouaroundi fossata
Felis yagouaroundi panamensis
Felis yagouaroundii tolteca
Neofelis nebulosa
Panthera leo persica
Panthera onca
Panthera pardus
Panthera tigris** -103
Panthera uncia
Pinnipedia
Otariidae Arctcocephalus  spp.*
Arctocephalus townsendi
Phocidae Mirounga angustirostris
Mirounga leonina
Monachus spp
Tubulidentata
Orycteropodidae Orycteropus afer
Proboscidae
Elephantidae Elephas maximus
Loxodonta africana
Sirenia
Dugongidae Dugong dugon** – 104 Dugong dugon* +208
Trichechidae Trichechus inunguis
Trichechus manatus
Trichechus senegalensis
Perissodactyla
Equidae Equus grevyi
Equus hemionus*
Equus hemionus hemionus
Equus hemionus khur
Equus przewalskii
Equus zebra hartmannae
Equus zebra zebra
Tapiridae Tapirus bairdii
Tapirus indicus
Tapirus pinchaque
Tapirus terrestris
Rhinocerotidae Rhinocerotidae spp.
Artiodactyla
Suidae Babyrousa babyrussa
Sus salvinaus
Hippopotamidae Choeropsis liberiensis
Camelidae Lama guanicoe
Vicugna vicugna
Cervidae Axis (Hyelaphus) calamianensis
Axis (Hyelaphus) kuhli
Axis (Hyelaphus) porcinus annamiticus
Blastocerus dichotomus
Cervus duvauceli
Cervus elaphus bactrianus
Cervus elaphus hanglu
Cervus eldi
Dama mesopotamica
Hippocamelus antisensis
Hippocamelus bisulcus
Moschus spp.*
Moschus moschiferus** +209
Ozotoceros bezoaticus
Pudu mephistophiles
Pudu pudu
Antilocapridae Antilocapra americana mexicana
Antilocapra americana peninsularis
Antilocapra americana sonoriensis
Bovidae Addax nasomaculatus
Bison bison athabascae
Bos gaurus
Bos (grunniens) mutus
Bubalus (Anoa) depressicornis
Bubalus (Anoa) mindorensis
Bubalus (Anoa) quarlesi
Capra falconeri*
Capra falconeri chiltanensis
Capra falconeri jerdoni
Capra falconeri megaceros
Capricornis sumatraensis
Cephalophus monticola
Damaliscus dorcas dorcas
Hippotragus niger variani
Kobus leche
Nemorhaedus goral
Novibos (Bos) sauveli
Oryx (tao) dammah
Oryx leucoryx
Ovis ammon*
Ovis ammon hodgsoni
Ovis canadensis
Ovis orientalis ophion
Ovis vignei
Pantholops hodgsoni
Rupicapra rupricra ornata
AVES
Rheiformes
Rheidae Pterocnemia pennata
Rhea americana albescens
Tinamiformes
Tinamidae Rhynchotus rufescens maculicollis
Rhynchotus rufescens pallescens
Rhynchotus rufescens rufescens
Tinamus solitarius
Sphenisciformes
Spheniscidae Sphenicus demersus
Podicipediformes
Podicipedidae Podilymbus gigas
Procellariiformes
Diomedeidae Diomedea albatrus
Pelecaniformes
Pelecanidae Pelecanus crispus
Sulidae Sula abbotti
Fregatidae Fregata andrewsi
Ciconiiformes
Ciconiidae Ciconia ciconia boyciana
Ciconia nigra
Threskiornithidae Geronticus calvus
Geronticus eremita
Nipponia nippon
Platalea leucorodia
Phoenicopteridae Phoenicoparrus andinus
Phoenicoparrus jamesi
Phoenicopterus ruber chilensis
Phoenicopterus ruber ruber
Anseriformes
Anatidae Anas aucklandica aucklandica
Anas aucklendica chlorotis
Anas aucklandica nesiotis
Anas bernieri
Anas laysanensis
Anas oustaleti
Anser albifrons gambelli
Branta canadensis leucopareia
Branta ruficollis
Branta sandvicensis
Cairina scutulata
Coscoroba coscoroba
Cygnus bewickii jankowskii
Cygnus melancoryphus
Dendrocygna arborea
Rhodonessa caryophyllacea
Sarkidiornis melanotos
Falconiformes Falconiformes spp.* - 105
Cathartidae Gymnogyps californianus
Vultur gryphus
Accipitridae Aquila heliaca
Chondrohierax wilsonii
Haliacetus albicilla
Haliacetus leucocephalus
Harpia harpyja
Pithecophaga jefferyi
Falconidae Falco araea
Falco newtoni aldabranus
Falco peregrinus (pelegrinoides/
babylonicus)
Falco punctatus
Falco rusticolus
Galliformes
Megapodiidae Macrocephalon maleo
Megapodius freycinet abbotti
Megapodius freycinet nicobariensis
Cracidae Crax blumenbachii
Mitu mitu mitu
Oreophasis derbianus
Pipile jacutinga
Pipile pipile pipile
Tetraonidae Lyrurus mlokosiewiczi
Tympanuchus cupido attwateri
Phasianidae Argusianus argus
Catreus wallichii
Colinus virginianus ridgwayi
Crossoptilon crossoptilon
Crossoptilon mantchuricum
Cyrtonyx montezumae mearnsi —106
Cyrtonyx montezumae montezumae
Francolinus ochropectus
Francolinus swierstrai
Gallus sonneratii
Ithaginis cruentus
Lophophorus impejanus
Lophophorus lhuysii
Lophophorus sclateri
Lophura edwardsi
Lophura imperialis
Lophura swinhoii
Pavo muticus
Polyplectron bicalcaratum
Polyplectron emphanum
Polyplectron germaini
Polyplectron malacense
Syrmaticus ellioti
Syrmaticus humiae
Syrmaticus mikado
Tetraogallus caspius
Tetraogallus tibetanus
Tragopan blythii
Tragopan caboti
Tragopan melanocephalus
Gruiformes
Turnicidae Turnix melanogaster
Pedionomidae Pedionomus torquatus
Gruidae Balearica regulorum
Grus americana
Grus canadensis nesiotes
Grus canadensis pratensis
Grus canadensis pulla
Grus japonensis
Grus leucogeranus
Grus monacha
Grus nigericollis
Grus vipio
Rallidae Gallirallus australis hectori
Tricholimnas sylvestris
Rhynochetidae Rhynochetos jubatus
Otididae Chlamydotis undulata
Choriotis nigriceps
Eupodotis bengalensis
Otis tarda
Charadriiformes
Scolopacidae Numenius borealis
Numenius minutus
Numenius tenuirostris
Tringa guttifer
Laridae Larus brunnicephalus
Larus relictus
Columbiformes
Columbidae Caloenas nicobarica
Ducula mindorensis
Gallicolumba luzonica
Goura cristata
Goura scheepmakeri
Goura victoria
Psittaciformes
Psittacidae Amazona guildingii
Amazona imperialis
Amazona leucocephala
Amazona pretrei pretrei
Amazona rhodocorytha
Amazona versicolor
Amasona vinacea
Amazona vittata
Anodorhynchus glaucus
Anodorhynchus leari
Aratinga guaruba
Cacatua (Kakatoe) tenuirostris
Calyptorhynchus lathami
Coracopsis nigra barklyi
Cyanoliseus patagonus byroni
Cyanopsitta spixii
Cyanoramphus auriceps forbesi
Cyanoramphus malherbi
Cyanoramphus novaezelandiae
Cyanoramphus unicolor
Eunymphicus cornutus
Geopsittacus occidentalis p.e.
Neophema chrysogaster
Neophema splendida
Opopsitta diophthalma coxeni
Pezoporus wallicus
Pionopsitta pileata
Poicephalus robustus
Polytelis alexandrae
Probosciger aterrimus
Prosopeia personata
Psephotus chrysopterygius
Psephotus (Northiella) haematogaster narethae
Psephotus pulcherrimus p.e.
Psittacula krameri echo
Psittacus erithacus princeps
Pyrrhura cruentata
Rhynchopsitta pachyrhyncha
Strigops habroptilus
Tanygnathus lucionensis
Cuculiformes
Musophagidae Gallirex porphyreolophus
Tauraco corythaix
Strigiformes Strigiformes spp.*
Tytonidae Tyto soumagnei
Strigidae Athene blewitti
Ninox novaeseelandiae royana
Ninox squamipila natalis
Otus gurneyi
Apodiformes
Trochilidae Ramphodon dohrnii
Trogoniformes
Trogonidae Pharomachrus mocinno costaricensis
Pharomachrus mocinno mocinno
Coraciiformes
Bucerotidae Aceros narcondami
Buceros bicornis*
Buceros bicornis homrai
Buceros hydrocorax hydrocorax
Buceros rhinoceros rhinoceros
Rhinoplax vigil
Piciformes
Picidae Campephilus imperialis
Dryocopus javensis richardsi
Picus squamatus flavirostris
Passeriformes
Pittidae Pitta brachyura nympha
Pitta kochi
Cotingidae Cotinga maculata
Rupicola peruviana
Rupicola rupicola
Xipholena atropurpurea
Atrichornithidae Atrichornis clamosa
Hirundinidae Pseudochelidon sirintarae
Muscicapidae Dasyornis brachypterus longirostris
Dasyornis broadbenti littoralis p.e.
Musicapa ruecki
Picathartes gymnocephalus
Picathartes oreas
Psophodes nigrogularis
Zosteropidae Zosterops albogularis
Meliphagidae Meliphaga cassidix
Fringillidae Spinus cucullatus
Spinus yarrellii
Estrildidae Emblema oculata
Sturnidae Leucopsar rothschildi
Paradisaeidae Paradisaeidae spp.
REPTILIA
Testudinata
Emydidae Batagur baska
Clemmys muhlenbergi
Geoclemys (=Damonia) hamiltonii
Geoemyda (=Nicoria) tricarinata
Kachuga tecta tecta
Morenia ocellata
Terrapene coahuila
Testudinidae Testudinidae spp.*
Geochelone (=Testudo) elephantopus
Geochelone (=Testudo) radiata
Geochelone (=Testudo) yniphora
Gopherus flavomarginatus
Psammobates geometrica
Cheloniidae Cheloniidae spp.*
Caretta caretta
Chelonia mydas** —107
Eretmochelys imbricata
Lepidochelys kempii
Lepidochelys olivacea
Dermochelyidae Dermochelys coriacea
Trionychidae Lissemys punctata punctata
Trionyx ater
Trionyx gangeticus
Trionyx hurum
Trionyx nigricans
Pelomedusidae Podocnemis spp.
Chelidae Pseudemydura umbrina
Crocodylia
Alligatoridae Alligatoridae spp.*
Alligator sinensis
Caiman crocodilus apaporiensis
Caiman latirostris
Melanosuchus niger
Crocodylidae Crocodylidae spp.*
Crocodylus acutus** +210
Crocodylus cataphractus
Crocodylus intermedius
Crocodylus moreletii
Crocodylus niloticus
Crocodylus novaeguineae mindorensis
Crocodylus palustris
Crocodylus porosus**  —108
Crocodylus rhombifer
Crocodylus siamensis
Osteolaemus tetraspis
Tomistoma schlegelil
Gavialidae Gavialis gangeticus
Rhynchocephalia
Sphenodontidae Sphenodon punctatus
Sauria
Gekkonidae Cyrtodactylus serpensinsula
Phelsuma spp.
Pygopodidae Paradelma orientalis
Agamidae Uromastyx spp.
Chamaeleonidae Chamaeleo spp.
Iguanidae Amblyrhynchus cristatus
Conolophus spp.
Cyclura spp.
Iguana spp
Phrynosoma coronatum blainvillei
Teiidae Cnemidophorus hyperythrus
Crocodilurus lacertinus
Dracaena guianensis
Tupinambis spp.
Helodermatidae Heloderma spp.
Varanidae Varanus spp.*
Varanus bengalensis
Varanus flavescens
Varanus griseus
Varanus komodoensis
Serpentes
Boidae Boidae spp.*
Acrantophis spp.
Bolyeria spp.
Casarea spp.
Epicrates inornatus
Epicrates subflavus
Python molurus molurus
Sanzinia madagascariensis
Colubridae Cyclagras gigas
Elachistodon westermanni
Pseudoboa cloelia
Thamnophis elegans hammondi
AMPHIBIA
Urodela
Cryptobranchidae Andrias (= Megalobatrachus) davidianus
Andrias (=Megalobatrachus) japonicus
Ambystomidae Ambystoma dumerilii
Ambystoma lermaensis
Ambystoma mexicanum
Salientia
Bufonidae Bufo periglenes
Bufo retiformis
Bufo superciliaris
Nectophrynoides spp.
Atelopodidae Atelopus varius zeteki
PISCES
Acipenseriformes
Acipenseridae Acipenser brevirostrum
Acipenser fulvescens
Acipenser oxyrhynchus
Acipenser sturio
Osteoglossiformes
Osteoglossidae Arapaima gigas
Scleropages formosus
Salmoniformes
Salmonidae Coregonus alpenae
Salmo chrysogaster
Stenodus leucichthys leucichthys
Cypriniformes
Catostomidae Chasmistes cujus
Cyprinidae Plagopterus argentissimus
Probarbus jullieni
Ptychocheilus lucius
Siluriformes
Schilbeidae Pangasianodon gigas
Atheriniformes
Cyprinodontidae Cynolebias constanciae
Cynolebias marmoratus
Cynolebias minimus
Cynolebias opalescens
Cynolebias splendens
Poeciliidae Xiphophorus couchianus
Perciformes
Percidae Stizostedion vitreum glaucum
Sciaenidae Cynoscion macdonaldi
Coelacanthiformes
Coelacanthidae Latimeria chalumnae
Ceratodiformes
Ceratodidae Neoceratodus forsteri
MOLLUSCA
Anisomyaria
Mytilidae Mytilus chorus
Naiadoida
Unionidae Conradilla caelata
Cyprogenia aberti
Dromus dromas
Epioblasma (=Dysnomia) florentina curtisi
Epioblasma (= Dysnomia) florentina florentina
Epioblasma (=Dysnomia) sampsoni
Epioblasma (= Dysnomia) sulcata perobliqua
Epioblasma (=Dysnomia) torulosa gubernaculum
Epioblasma (=Dysnomia) torulosa rangiana
Epioblasma (= Dysnomia) torulosa torulosa
Epioblasma (= Dysnomia) turgidula
Epioblasma (= Dysnomia) walkeri
Fusconaia cuneolus
Fusconaia edgariana
Fusconaia subrotunda
Lampsilis brevicula
Lampsilis higginsi
Lampsilis orbiculata orbiculata
Lampsilis satura
Lampsilis virescens
Lexingtonia dolabelloides
Pleorobema clava
Plethobasis cicatricosus
Plethobasis cooperianus
Pleurobema plenum
Potamilus (= Proptera) capax
Quadrula intermedia
Quadrula sparsa
Toxolasma (= Carunculina) cylindrella
Unio (Megalonaias/?/) nickliniana
Unio (Lampsilis/?/) tampicoensis tecomatensis
Villosa (= Micromya) trabalis
Stylommatophora
Camaenidae Papustyla (= Papuina) pulcherrima
Paraphantidae Paraphanta spp. +211
Prosobranchia
Hydrobiidae Coahuilix hubbsi
Cochliopina milleri
Durangonella coahuilae
Mexipyrgus carranzae
Mexipyrgus churinceanus
Mexipyrgus escobedae
Mexipyrgus lugoi
Mexipyrgus mojarralis
Mexipyrgus multilineatus
Mexithauma quadripaludium
Nymphophilus minckleyi
Paludiscala caramba
INSECTA
Lepidoptera
Papilionidae Ornithoptera spp. (sensu D'Adrera)
Parnassius appollo
Trogonoptera spp. (sensu D' Abrera)
Troides spp. (sensu D' Abrera)
FLORA
Apocynaceae Pachypodium spp.
Araceae Alocasia sanderana
Alocasia zebrina
Araliaceae Panax quinquefolius > 1
Araucariaceae Araucaria araucana** +212 Araucaria araucana* —109 > 2
Asclepiadaceae Ceropegia spp.
Frerea indica
Byblidaceae Byblis spp.
Cactaceae Cactaceae spp. +213
Rhipsalis spp.
Caryocaraceae Caryocar costaricense
Caryophyllaceae Gymnocarpos przewalskii
Melandrium mongolicus
Silene mongolica
Stellaria pulvinata
Cephalotaceae Cephalotus follicularis
Chloanthaceae Chloanthaceae spp. +214
Compositae Saussurea lappa > 1
Cupressaceae Fitzroya cupressoides
Pilgerodendron uviferum
Cyatheaceane Cyatheaceane spp. > 3
Cycadaceae Cycadaceae spp.*
Microcyeas calocoma
Dicksoniaceae Dicksoniaceae spp. > 3
Didiereaceae Didiereaceae spp.
Dioscoreaceae Dioscorea deltoidea > 1
Euphorbiaceae Euphorbia spp. —110
Fagaceae Quercus copeyensis > 2
Gentianaceae Prepusa hookeriana
Haemodoraceae Anigozanthos spp.
Macropidia fuliginosa
Humiriaceae Vantanea barbourii
Juglandaceae Engelhardtia pterocarpa
Leguminosae Ammopiptanthus mongolicum
Cynometra hemitomophylla
Platymiscium pleiostachyum
Tachigalia versicolor
Thermopsis mongolica
Liliaceae Aloe spp.*
Aloe albida
Aloe pillansii
Aloe polyphylla
Aloe thorncropftti
Aloe vassii
Melastomataceae Lavoisiera itambana
Meliaceae Guarea longipetiola
Swietenia humilis > 2
Moraceae Batocarpus costaricensis
Myrtaceae Verticordia spp.
Orchidaceae Orchidaceae spp.*
Cattleya skinneri
Cattleya trianae
Didiciea cunninghamii
Laelia jongheana
Laelia lobata
Lycaste virginalis var. alba
Peristeria elata
Renanthera imschootiana
Vanda coerulea
Palmae Areca ipot
Chrysalidocarpus decipiens
Chrysalidocarpus lutescens
Neodypsis decaryi
Phoenix hanceana var. philippinesis
Zalacca clemensiana
Pinaceae Abies guatemalensis
Abies nebrodensis
Podocarpaceae Podocarpus costalis
Podocarpus parlatorei
Portulacaceae Anacampseros spp.
Primulaceae Cyclamen spp.
Proteaceae Banksia spp.
Conospermum spp.
Dyandra formosa
Dryandra polycephala
Orothamnus zeyheri
Protea odorata
Rubiaceae Balmea stormae
Rutaceae Boronia spp.
Crowea spp.
Geleznowia verrucosa
Saxifragaceae (Grossulariaceae) Ribes sardoum
Solanaceae Solanum sylvestre
Stangeriaceae Stangeriaceae spp.*
Stangeria eriopus
Sterculiaceae Basiloxylon excelsum > 2
Thymelaeaceae Pimdlea physodes
Ulmaceae Celtis aetnensis
Verbenaceae Caryopteris mongolica
Welwitschiaceae Welwitschiaceae spp. *
Welwitschia bainesii
Zamiaceae Zamiaceae spp.*
Encephalartos spp.
Zingiberaceae Hedychium philippinense
Zygozhyllaceae Guaiacunm sanctum > 2

APPENDIX III

INTERPRETATION

1.      Species included in this appendix are referred to:

(a)    by the name of the species; or

(b)   as being all of the species included in a higher taxon or designated part thereof.

2.      The abbreviation "spp." is used to denote all species of a higher taxon.

3.      Other references to taxa higher than species are for the purpose of information or classification only.

4.      An asterisk (*) placed against the name of a species or higher taxon indicates that one or more geographically separate populations, subspecies or species of that species or taxon are included in Appendix I and that these populations, subspecies or species are excluded from Appendix III.

5.      Two asterisks (**) placed against the name of a species or higher taxon indicate that one or more geographically separate populations, subspecies or species of that species or taxon are included in Appendix II and that these populations, subspecies or species are excluded from Appendix III.

6.      The name of the countries placed against the names of species or other taxa are those of the Parties submitting these species or taxa for inclusion in this appendix.

7.      Any animal or plant, whether live or dead, of a species or other taxon listed in this appendix, is covered by the provisions of the Convention, as is any readily recognizable part or derivative thereof.

FAUNA
MAMMALIA
Chiroptera
Phyllostomatidae Vampyrops lineatus Uruguay
Edentata
Bradypodidae Bradypus griseus Costa Rica
Choloepus hoffmanni Costa Rica
Dasypodidae Cabassous centralis Costa Rica
Cabassous gymnurus (tatouay) Uruguay
Pholidota
Manidae Manis gigantea Ghana
Manis longicaudata Ghana
Manis tricuspis Ghana
Rodentia
Sciuridae Epixerus ebii Ghana
Sciurus deppei Costa Rica
Anomaluridae Anomalurus spp. Ghana
Idiurus spp. Ghana
Hystricidae Hystrix spp. Ghana
Erethizontidae Coendou spinosus Uruguay
Carnivora
Canidae Fennecus zerda Tunisia
Procyonidae Bassaricyon gabbii Costa Rica
Bassariscus sumichrasti Costa Rica
Nasua nasua solitaria Uruguay
Mustelidae Galictis allamandi Costa Rica
Mellivora capensis Ghana, Botswana
Viverridae Viverra civetta Botswana
Hyaenidae Proteles cristatus Botswana
Pinnipedia
Odobenidae Odobenus rosmarus Canada
Artiodactyla
Hippopotamidae Hippopotamus amphibius Ghana
Tragulidae Hyemoschus aquaticus Ghana
Cervidae Cervus elaphus barbarus Tunisia
Bovidae Ammotragus lervia Tunisia
Antilope cervicapra Nepal
Boocercus (Taurotragus) euryceros Ghana
Babalus bubalis Nepal
Damaliscus lunatus Ghana
Gazella dorcas Tunisia
Gazella gazella cuvieri Tunisia
Gazella leptoceros Tunisia
Hippotragus equinus Ghana
Tetracerus quadricornis Nepal
Tragelaphus spekei Ghana
AVES
Rheiformes
Rheidae Rhea americana** Uruguay
Ciconiiformes
Ardeidae Ardea goliath Ghana
Bubulcus ibis Ghana
Casmerodius albus Ghana
Egretta garzetta Ghana
Ciconiidae Ephippiorhynchus senegalensis Ghana
Leptoptilos crumeniferus Ghana
Threskiornithidae Hagedashia hagedash Ghana
Lampribis rara Ghana
Threskiornis aethiopica Ghana
Anseriformes
Anatidae Anatidae spp.*** Ghana
Galliformes
Cracidae Crax rubra Costa Rica
Phasianidae Agelastes meleagrides Ghana
Tragopan satyra Nepal
Columbiformes
Columbidae Columbidae spp.*** Ghana
Nesoenas mayeri Mauritius
Psittaciformes
Psittacidae Psittacidae spp.*** Ghana
Ara ambigua Costa Rica
Ara macao Costa Rica
Cucliformes
Musophagidae Musophagidae spp.** Ghana
Passeriformes
Muscicapidae Bebrornis rodericanus Mauritius
Tchitrea (Terpsiphone) bourbonnensis Mauritius
Emberizidae Gubernatrix cristata Uruguay
Icteridae Xanthopsar fiavus Uruguay
Fringillidae Fringillidae spp.*** Ghana
Ploceidae Ploceidae spp. Ghana
REPTILIA
Testudinata
Trionychidae Trionyx triunguis Ghana
Pelomedusidae Pelomedusa subrufa Ghana
Pelusios spp. Ghana
FLORA
Gnetaceae Gnetum montanum Nepal
Magnioliaceae Talauma hodgsonii Nepal
Papaveraceae Meconopsis regia Nepal
Podocarpaceae Podocarpus nerifolius Nepal
Tetracentraceae Tetracentron spp. Nepal

APPENDIX IV

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

EXPORT PERMIT No………………………………………..

(Date) 

Exporting Country:    Valid Until:

This permit is issued to:………………………………………………………………………………

address:………………………………………………………………………

who declares that he is aware of the provisions of the Convention, for the purpose of exporting:

………………………………………………………………………………………………………

(specimen(s), or part(s) or derivative(s) of specimen(s))1

of a species listed in Appendix I   )

Appendix II   )

Appendix III of the Convention as specified below.     )

(bred in captivity or cultivated in …………………………………………………………………)2

This (these) specimen(s) is (are) consigned to:…………………………………………………….

address: ……………………………………………..country:……………………………………

………………………………………

at…………………………………………on…………………………………….

……………………………………………………………………………………

(signature of the applicant for the permit)

at…………………..…………….on……………………………..…..

………………………………………………………………………..

(stamp and signature of the Management Authority

issuing the export permit)

1 Indicate the type of the product

2 Delete if not applicable

Description of the specimen(s) or part(s) or derivative(s) of specimen(s), including any mark(s) affixed:

Living Specimens

Species
(scientific and common name)
Number Sex Size
(or volume)
Mark
(if any)

Parts or Derivatives

Species
(scientific and common name)
Quantity Type of Goods Mark
(if any)

Stamps of the authorities inspecting:

(a)on exportation

(b)on importation*

*This stamp voids this permit for further trade purposes, and this permit shall be surrendered to the Management Authority.

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