government to take action (or not) and to interpret scientific findings. While the
CITES Secretariat itself also conducts and oversees scientific issues, it itself cannot
take decisive action, but rather recommends certain steps to the parties.
Once a two-third majority of the parties accepts changes to the Appendices, these
become binding to all parties. However, parties do have the possibility to lodge
formal reservations to the listing of specific species. Once the Secretariat has
received these reservations, and until it has been formally withdrawn, the party
with a reservation is not bound to the trade limitations accompanying Appendixlistings. This means that a particular party can still conduct trade in listed species
with countries not party to CITES or with parties also having lodged reservations.
This possibility is highly relevant for the listing of marine mammal species, as we
will see.
All whale species (Cetacea spp.) are listed on the Appendices of CITES. While
general trade limitations are in place for the genus itself due to its listing on
Appendix II, several whale species are also listed on Appendix I, which means
that all international trade is prohibited: bowhead and right whale; all rorquals
(except for the West Greenland stock of minke whales (Balaenoptera acutorostrata)
which is listed on Appendix II); sperm whale; and gray whale. In other words,
pursuant to the moratorium on commercial whaling under the IWC, which applies to
the ‘great whales’, these species are also included in Appendix I of CITES. Moreover, several dolphin species, one river dolphin species, three porpoises, two
families of beaked whale and bottle-nose whale, as well as the pygmy right whale
(Caperea marginata) are listed. Not surprisingly, especially the whaling nations
Japan, Iceland and Norway, and in some cases the Pacific micro-state Palau, have
lodged several reservations against the listing of these species. Given that Norway
and Iceland have also objected to the whaling moratorium they are free to commercially hunt and trade in whale products. Prior to leaving the IWC, Japan, on the other
hand, was not able to commercially hunt whales and place them on the international
market, but given its reservations to the CITES listings, it has been able to purchase
whale meat from other states. It thus does not come as a surprise that commercially
hunted whales in Iceland have been actively traded with Japan. Particularly fin whale
meat that can be found in Japanese restaurants often stems from Iceland.
The situation concerning seals is different. Pinnipedia themselves are not listed on
the Appendices. Instead, four species can be found on all three Appendices: monk
seals (Monachus spp.) on Appendix I; fur seals (Arctocephalus spp.) on Appendix II,
with the exception of the Guadelupe fur seal (Arctocephalus townsendi) which is
listed on Appendix I; and the walrus (Odobenus rosmarus) which is listed on
Appendix III based on Canada’s request for international support. No reservations
against the listing of these species exist since no country is actively pursuing these
species for the purpose of international trade.
For the sake of completion, the dugong (Dugong dugon) and three manatee
species are listed on Appendix I. Palau has lodged a reservation against the listing
of the dugong.
The listing of the polar bear has caused much uproar within CITES. This dispute
amongst the parties is a synonym for the difficulties that CITES faces. One of the
4.2 Global Regimes of Relevance
59
CITES Secretariat itself also conducts and oversees scientific issues, it itself cannot
take decisive action, but rather recommends certain steps to the parties.
Once a two-third majority of the parties accepts changes to the Appendices, these
become binding to all parties. However, parties do have the possibility to lodge
formal reservations to the listing of specific species. Once the Secretariat has
received these reservations, and until it has been formally withdrawn, the party
with a reservation is not bound to the trade limitations accompanying Appendixlistings. This means that a particular party can still conduct trade in listed species
with countries not party to CITES or with parties also having lodged reservations.
This possibility is highly relevant for the listing of marine mammal species, as we
will see.
All whale species (Cetacea spp.) are listed on the Appendices of CITES. While
general trade limitations are in place for the genus itself due to its listing on
Appendix II, several whale species are also listed on Appendix I, which means
that all international trade is prohibited: bowhead and right whale; all rorquals
(except for the West Greenland stock of minke whales (Balaenoptera acutorostrata)
which is listed on Appendix II); sperm whale; and gray whale. In other words,
pursuant to the moratorium on commercial whaling under the IWC, which applies to
the ‘great whales’, these species are also included in Appendix I of CITES. Moreover, several dolphin species, one river dolphin species, three porpoises, two
families of beaked whale and bottle-nose whale, as well as the pygmy right whale
(Caperea marginata) are listed. Not surprisingly, especially the whaling nations
Japan, Iceland and Norway, and in some cases the Pacific micro-state Palau, have
lodged several reservations against the listing of these species. Given that Norway
and Iceland have also objected to the whaling moratorium they are free to commercially hunt and trade in whale products. Prior to leaving the IWC, Japan, on the other
hand, was not able to commercially hunt whales and place them on the international
market, but given its reservations to the CITES listings, it has been able to purchase
whale meat from other states. It thus does not come as a surprise that commercially
hunted whales in Iceland have been actively traded with Japan. Particularly fin whale
meat that can be found in Japanese restaurants often stems from Iceland.
The situation concerning seals is different. Pinnipedia themselves are not listed on
the Appendices. Instead, four species can be found on all three Appendices: monk
seals (Monachus spp.) on Appendix I; fur seals (Arctocephalus spp.) on Appendix II,
with the exception of the Guadelupe fur seal (Arctocephalus townsendi) which is
listed on Appendix I; and the walrus (Odobenus rosmarus) which is listed on
Appendix III based on Canada’s request for international support. No reservations
against the listing of these species exist since no country is actively pursuing these
species for the purpose of international trade.
For the sake of completion, the dugong (Dugong dugon) and three manatee
species are listed on Appendix I. Palau has lodged a reservation against the listing
of the dugong.
The listing of the polar bear has caused much uproar within CITES. This dispute
amongst the parties is a synonym for the difficulties that CITES faces. One of the
4.2 Global Regimes of Relevance
59