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A. Agenda

Tuesday, 22 June 2004

1. Arrival and registration

2. Welcome by Mr Ichiro Nomura, Assistant Director-General, FAO Fisheries Department

3. Welcome by Mr Giuliano Pucci, Legal Counsel

4. Introduction of participants

5. Nomination of chairperson and vice chairperson of the meeting

6. Adoption of the Agenda

7. Presentation of first background paper

8. Presentation of second background paper

9. Deliberation on structure of discussions and election of rapporteurs

10. Discussion on "introduction from the Sea"

Wednesday, 23 June 2004

10. Discussion on "introduction from the Sea"

11. Conclusions and recommendations of discussion on "Introduction from the Sea"

12. Discussion on legal implications

Thursday, 24 June 2004

12. Discussion on legal implications

13. Conclusions and recommendations on discussion on legal implications

Friday, 25 June 2004

14. Discussion and finalization of draft report

15. Finalization and adoption of draft report

B. List of participants


Anna Willock (Ms)
Senior Fisheries Advisor
TRAFFIC International
c/- GPO Box 528
Sydney NSW 2001
Tel: 61-2-92801671


Erik Franckx
Centre de Droit international et européen
Vrije Universiteit Brussel
Pleinlaan, 2
B-1050 Bruxelles
Tel: 32 (0)2-6292606
Fax: 32 (0)2-6291259


Lu Xiaoping
Deputy Chief
Division of Fauna Affairs
CITES Management Authority of China
18 Hepingli Dongjie
Beijing 100714
Tel: 86-10-84239001
Fax: 86-10-64214180


Martin Tsamenyi
Professor of Law & Director
Centre for Maritime Policy
University of Wollongong
Northfields Avenue
Wollongong - NSW 2522 Australia
Tel: 61-2-42213224


Yasuo Iino
Information and Social Science Division
c/o Institute of Cetacean Research
Toyomi-Shinko Bldg.
4-5, Toyomi-cho, Chuo-ku
Tokyo 104-0055
Tel: 81-3-35366521
Fax: 81-3-35366522


Anniken Krutnes (Ms)
Unit for Law of the Seas
Ministry of Foreign Affairs
Department for Legal Affairs
Victoria Terrasse
Postboks 8114
00321 Oslo
Tel: 47-22-249090


Jaques Berney
Executive Vice Président
IWMC World Conservation Trust
3, Passage Montriond
1006 Lausanne
Tel: 41-21 6165000
Fax: 41-21-6165000


Marius Diemont
Special Adviser/Legal Consultant
Marine & Coastal Management
Department of Environmental Affairs and Tourism
7th floor Foretrust Building
Martin Hammerschlag Way
Cape Town 8001
Tel: 27-82 3333992/27-214023182


Colin McIff
Global Fisheries Officer
Office of Marine Conservation
US Department of State
2201 C Street NW Room 5806
Washington DC 20520
Tel: 1-202 6474824

Robin Allen
Inter-American Tropical Tuna Commission (IATTC)
8604 La Jolla Shores Drive,
La Jolla, CA 92037-1508
Tel: 1-858-546 7100
Fax: 1-858-546 7133


Marceil Yeater (Ms)
Chief, Legislation and Compliance Unit
CITES Secretariat
International Environment House
Chemin des Anémones
1219 Chatelaine
Tel: 41 22 9178464
Fax: 41-22-7973147


Viale delle Terme di Caracalla
00100 Rome, Italy

Kevern Cochrane
Senior Fishery Resources Officer
Marine Resources Service (FIRM)
Fisheries Resources Division (FIR)
Fisheries Department
Tel: 39 06 570 56109
Fax: 39 06 570 53020


Henning Teigene
Legal Officer
Development Law Service (LEGN)
Tel: 39 06 57056897

Blaise Kuemlangan
Legal Officer
Development Law Service (LEGN)
Tel: 39 06 57054080

Annick Van Houtte
Legal Officer
Development Law Service (LEGN)
Tel: 39 06 57054287

William Emerson
Senior Fisheries Officer
Fisheries Industry Division
Tel: 39-06 57056689

Anne Van Lierde
Marine Resources Service (FIRM)
Fisheries Resources Division (FIR)
Fisheries Department
Tel: 39 06 570 56645
Fax: 39 06 570 53020

C. Welcome speech by Mr Ichiro Nomura, Assistant Director-General, FAO Fisheries Department

Distinguished Experts,

It is my pleasure to welcome you to this Expert Consultation on "Legal Issues Related to CITES and Commercially-exploited Aquatic Species".

FAO has been actively involved in CITES in relation to commercially-exploited aquatic species since the ninth meeting of the CITES Conference of the Parties in 1994 when sharks were discussed. Following this, a proposal was made at the tenth Session of the CITES Conference of Parties in 1997 in Harare, Zimbabwe. There, a proposal was tabled for the creation of a CITES working group for marine fisheries. The proposal was motivated by concerns that some commercially-exploited fish species might qualify to be listed on the CITES Appendixes.

Some FAO Members were concerned that the CITES criteria and evaluation process might not be appropriate to deal with exploited and managed fishery resources and brought the matter to the COFI Sub-Committee on Fish Trade in Bremen, Germany in June 1998. There it was proposed that FAO should consider the suitability of the CITES listing criteria for commercially-exploited aquatic species and the need for amendments to or appropriate interpretation of the CITES criteria in relation to such species.

Since then, FAO has been working extensively on the listing criteria and the Organization has proposed some significant improvements to the listing criteria for application to commercially-exploited aquatic species. Those recommendations have, so far, been well accepted by CITES and included in their draft, revised criteria for consideration by the 13th Conference of the Parties in October. In the same field, in July this year FAO will, for the first time, undertake a formal scientific evaluation of listing proposals for four taxa of marine fish and invertebrates that have been submitted for consideration by Cop-13. Again, that contribution from FAO is being encouraged by CITES.

This Experts Consultation, together with the Expert Consultation on "Implementation Issues Associated with Listing Commercially-exploited Aquatic Species on CITES Appendices", held four weeks ago, marks a new direction in FAO work on CITES. With these two Expert Consultations, the Organization is now going beyond the criteria and listing process. Focus is now put also on administrative and monitoring implications of listing commercially-exploited aquatic species on the CITES Appendices and on the legal implications of the CITES listing criteria and of the CITES Convention itself in relation to relevant international law covering fisheries. The first Expert Consultation addressed a number of implementation issues, and made valuable recommendations that could be considered by FAO Members and possibly by CITES as well. This Consultation is intended to address the legal issues, building on the recommendations of the first Consultation, where appropriate. In addressing the legal implications of CITES in relation to international law covering fisheries the Consultation is addressing issues that have not yet received much attention internationally.

The particular issue identified by COFI for consideration at this Consultation include:

You have been selected in your individual capacities, not as a representative of the organization you belong to, on the basis of your particular expertise in one or more of these topics and FAO is looking to you to help us to advise and inform Members on the issues, the understanding of CITES in the context of international law relating to fisheries, and how to develop, where necessary, this relationship. The report from this meeting will, I am sure, be received with considerable interest by the 26th Session of the COFI early next year. Finally, I would like to thank you all for giving up your time to help us in this important task. I would also like to thank the governments of Norway, Japan and the United States for their budgetary contribution which made the convening of this important consultation possible. We look forward to receiving the results of your deliberations.

I wish you a fruitful and enjoyable meeting.

D. Working documents provided as resource material to the Consultation

1. Applications of the Term "Introduction from the sea" by Professor E. Franckx;

2. Legal and Institutional Implications of Listing Commercially-exploited Aquatic Species by Professor E. Franckx;

3. Draft Report of the Expert Consultation on Implementation Issues Associated with Listing Commercially-exploited Aquatic Species on CITES Appendices, FAO, Rome, 25 to 28 May 2004;

4. The Fundamental Principles of CITES;

5. The Administrative and Monitoring Implications of Listing and Down-listing.

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