CITES-listed tree species. How to make a non-detriment finding?

The Resolution on Non-detriment findings includes a number of concepts and non-binding guiding principles that Scientific Authorities should take into consideration when determining whether trade would be detrimental to the survival of a species.

The methodology used should be flexible enough to allow for consideration of the specific and individual characteristics of different taxa. Sections 5 and 6 provide a large amount of information on the various methods used by the Parties for different taxa.

A non-detriment finding should be based on resource assessment methodologies..

https://cites.org/sites/default/files/eng/res/16/E-Res-16-07.pdf

When making a non-detriment finding, you will need to ask a number of questions. You will also need to set objectives in order to find the answers to these questions, and obtain the data required to cover the points specified in the Resolution. All results should be carefully noted in order to support the Non-detriment finding made at the end of the process.

FOUR ASPECTS TO BE CONSIDERED AND DEALT WITH AT THE OUTSET:

The Resolution recommends that:

A non-detriment finding for an Appendix–I or –II species is the result of a science-based assessment that verifies whether a proposed export would be detrimental to the survival of that species or not.

The data requirements for a determination that trade is not detrimental to the survival of the species should be proportionate to the vulnerability of the species concerned.

The sources of information that may be considered when making a non-detriment finding include, but are not limited to:

  • relevant scientific literature concerning species biology, life history, distribution and population trends;
  • details of any ecological risk assessments conducted;
  • scientific surveys conducted at harvest locations and at sites protected from harvest and other impacts; and
  • relevant knowledge and expertise of local and indigenous communities;
  • consultations with relevant local, regional and international experts; and
  • national and international trade information such as that available via the CITES trade database maintained by UNEP World Conservation Monitoring Centre (UNEP-WCMC), publications on trade, local knowledge on trade and investigations of sales at markets or through the Internet, for example.; and

Scientific Authorities consider, as a reference for making non-detriment findings, the information included in the Annex to document AC26/PC20 Doc. 8.4 and any subsequent updates available on the CITES website.

IS THE ASSESSMENT BASED ON QUALITY, RELIABLE, UP-TO-DATE INFORMATION?

Objective:

Analyse the quality, reliability, and timeliness of the data used for all points considered in the assessment.

Recommendations:

Take into account, among other aspects, whether the information has been obtained from: scientific articles published in peer-reviewed, indexed journals, where indexation reflects the quality of the journal, and hence, the quality of the articles published therein; inventories kept by public administrations (regional, national, federal, etc.)

Regarding data timeliness, generally speaking, it is best to use data that are less than 5 years old. However, in the case of trees, sometimes it is essential to use more recent data when assessing certain aspects. If no recent data are available, you should recommend that studies be carried out to fill the gaps in the assessment data.

The following table can be duly adapted, and modified as required, for the purpose of keeping track of the source of the data used to make the assessment.

Answers:

A Non-detriment finding is not possible.

There is a lack of quality, reliable, and up-to-date information. In this case, determine and specify whether the data obtained are proportionate to species vulnerability (consult the section on vulnerability).

A precautionary approach should be taken whenever, besides the aforementioned lack of quality, reliability, and timeliness of the information, the data are not proportionate to the vulnerability of the species in question. In keeping with the precautionary principle, and in case of any uncertainty about the conservation status of the species, or the impact of trade on its conservation, you should always act in the best interests of species conservation, and adopt measures that are proportionate to the risks predicted for the species.

In this case, explain why the data obtained are proportionate to the vulnerability of the species (see the section on vulnerability).

The Resolution recommends that::

The making of an effective non-detriment finding relies upon a correct identification of the species concerned, and verification that it is specimens of this species that are to be exported.

HAS THE SPECIES BEEN IDENTIFIED CORRECTLY? ARE THE SPECIMENS TO BE EXPORTED OF THIS SPECIES?

Objective::

Confirm species identification, and verify that the specimens belong to that species.

SRecommendations:

Consult CITES standard nomenclature. http://checklist.cites.org/#/es ;http://www.speciesplus.net/; ; http://api.speciesplus.net/)

Consult and check reference materials, if available, in Herbaria and Tree Libraries.

Consult the nomenclature specialist of the Plants Committee in order to verify the identification of the species https://cites.org/esp/com/pc/member.php and, if necessary, national or international taxonomy experts.

Assess whether the taxonomic circumscription, including authorities and synonyms, is stable or dynamic. If taxon status is dynamic, then taxonomy is usually uncertain, e.g., the taxon may be comprised of several entities that would have to be assessed separately.

Check the species’ range at local (annual operational plans – AOPs), national, subnational, regional, and global levels.

Find out whether a chain of custody is in place. Take the following aspects into consideration: the chain of custody certification body and the methodology used to establish traceability; data source, quality, and timeliness.

Answer:

A Non-detriment finding is not possible.

Indicate that species identification and specimen verification are reliable, based on standards, and have a high level of confidence. Include data sources used.

The Resolution recommends that:

The methodology used to make a non-detriment finding should reflect the origin and type of specimen, such that the method used to make a non-detriment finding for a specimen known to be of non-wild origin may be less rigorous than that for a specimen of wild origin.

The origin of the specimens can be considered to refer to their legal origin, and whether they were obtained from a non-wild source (plantation) or from the wild.

ARE THE SPECIMENS OF LEGAL ORIGIN?

Objective:

Determine whether the specimens are of legal origin.

Recommendations:

Request information from the Management Authority in order to verify that the specimens are of legal origin.

Confirm whether the specimens were obtained from illegal logging and/or land conversion. Land conversion and the auctioning of wood obtained from illegal logging fall within the ambit of a State’s sovereign rights. Nonetheless, due to the nature of the harvest, it is not possible to make a non-detriment finding. Harvest may be legal, but not sustainable.

Answer:

A Non-detriment finding is not possible.

Specify verifications made.

WERE THE SPECIMENS OBTAINED FROM A PLANTATION?

Objective:

Describe the plantation, and determine whether the specimens to be exported were taken from that plantation.

Recommendations:

Consider and describe the type of plantation (monospecific; mixed; agroforest; garden, other type of plantation.)

Obtain and consider the following information relative to the plantation: location (polygons and coordinates); area; year established; origin of planted specimens, origin of plantation (whether it was established through voluntary planting in an area with no vegetation, or in fulfilment of an obligation derived from a previous use of forest resources), in order to determine whether wild populations might be affected; density of trees in the plantation; number and age of productive trees; annual production; established traceability method and verifying entity. If removal of the specimen results in the death of the tree, take into consideration how trees are replaced in the plantation.

Check and indicate whether the plantation has been verified by the CITES Management Authority.

RAnswer:

In this case, continue the process and work through the following SECTIONS to collect the required data:

When specimens are collected from a plantation, the Non-detriment finding can be made relatively quickly, provided that appropriate data are available relative to verification of the plantation and the traceability system that guarantees that the specimen to be exported was obtained from the verified plantation. There is less risk involved in issuing a positive finding when traceability is guaranteed. It would be advisable to keep a database of the plantations established in the country.