51. The Expert Consultation agreed on the list of recommendations below that draws attention to actions that it considered would lead to improvements in the legal interpretation and implementation of CITES in relation to commercially-exploited aquatic species. FAO may wish to consider this list and possible follow-up action where appropriate.
a. With respect to the identified need for clarifying the phrase "introduction from the sea" the Consultation recommended that:
i. as a general rule, introduction occurs when the commercially-exploited aquatic species is landed in a port and is cleared by customs (thus making the port State the State of introduction), also noting that in addition to this rule the use of flag State competence could be useful in some cases;
ii. interpretation of the term "not under jurisdiction of any State" should be brought in line with current State practice under a resolution as discussed in paragraph 24.
b. The Consultation recommended that FAO and CITES should consult on perceived problems associated with down-listing (transfer) and de-listing (deletion) of aquatic species, arising from, for example, application of the precautionary approach.
c. The Consultation recommended that COFI may wish to take note of the finding of the Consultation that where CITES Parties adopt stricter domestic measures and in particular where such measures challenge the non-detriment findings made by other CITES Parties, these measures may be inconsistent with the 1982 Convention and related fisheries law, in particular concerning the sovereign right provided exclusively to coastal States to set allowable catch limits within the EEZ.
d. The Consultation recommended that, given its experience, CITES could potentially contribute to strengthening capacity building in legislative development and enforcement as well as monitoring of trade for listed species.
e. The Consultation recommended that CITES CoP should be encouraged to adopt the revised listing criteria, which include FAO recommended changes.
f. The Consultation agreed with the recommendation of the expert consultation on implementation issues that CITES Parties may want to give consideration to FAO's concern that inflexible adherence to the guidance on split-listing could result in aquatic species or stocks being listed in Appendix I or II that would otherwise not qualify for listing.
g. The Consultation recommended that the status of each regional fisheries management organization should be clarified to determine which organizations are covered by the provisions in CITES article XIV (4).
h. For international trade, the Consultation recommended that, where substantial problems with IUU fishing are being encountered, FAO members may wish to consider the potential utility of CITES in assisting to address these problems.
