A non-detriment finding (NDF) is a risk analysis based on the best available scientific information. Whenever sound scientific data are available, and there is sufficient capacity to interpret such data, this analysis may be made by means of a desk study.
The CITES Scientific Authorities are responsible for making NDFs. The structure of Scientific Authorities varies, and they may be comprised of:
1) designated persons or entities from the competent government agency;
2) experts from universities and research centres belonging to the Scientific Authority or designated by the latter;
3) a combination of the two.
In the case of tree species, relevant experts are not always available to perform this task, and sometimes there is no published up-to-date scientific information available. Incomplete data or a lack of valid, sound, current scientific data leads to uncertainty, and makes it impossible to formulate an NDF correctly.
When this occurs, Parties face allocation of a lower export quota (a small precautionary quota is set for a certain period), or even the suspension of exports of highly valuable commercial tree species until such times as scientific field studies are made.
At times, exporting Parties do not have the human and/or financial resources required to carry out scientific field studies that ensure good non-detriment findings. However, with the support of the ITTO and the CITES Secretariat, it has been shown that those Parties who received financial support were able to implement CITES as a result of the funding contributed by importing Parties to the ITTO-CITES Programme.
There is no single, hard-and-fast guideline for making NDFs, and the Parties had already expressed their concern about this issue.
Accordingly, Resolution Conf. 16.7 on Non-detriment findings notes that:
“because of the great variety of taxa, life forms, and biological characteristics of species included in Appendices I and II, there are various ways a Scientific Authority can make non-detriment findings”, and recommends that: “Scientific Authorities take into account the following concepts and non-binding guiding principles in considering whether trade would be detrimental to the survival of a species”.
In the case of tree species, there is a notable variety of approaches and methodologies that should be considered and respected, given that they respond to available instruments and capacities. Thus, rather than providing a rigid methodological framework, the aim here is to provide a flexible methodological framework, in the form of a Manual, in which the Parties will find the best option available to them.
In this context, the aim of the Manual is to provide guidance to CITES Scientific Authorities on the processes, methodologies, and information necessary for making non-detriment findings for tree species, in order to facilitate compliance with the provisions for the export of CITES-listed tree species, and ensure that international trade is compatible with the sustainable management and conservation of the species.
The contents of the Manual are based on:
The Manual includes concepts and principles to be taken into consideration when determining whether trade is detrimental to the survival of a species, and provides a sufficiently flexible approach to assessing the specific and individual characteristics of different taxa.
The Manual also includes: several sections that contextualize the process followed by CITES until a Resolution was adopted on this very important issue; methodologies developed by the Parties and at specific workshops that can serve as examples, and which are recommended for consultation; the work of the CITES Secretariat and the Plants Committee.
The section “CITES-LISTED TREE SPECIES. HOW TO MAKE A NON-DETRIMENT FINDING.” describes a first stage in which four issues are taken into consideration before starting the assessment. It is during this stage that all available scientific information should be recompiled, to be used as required throughout the process. Other basic issues are also defined at this stage such as the identification, origin, and type of specimens. However, it is not necessary at this point to do an in-depth analysis of the different aspects given that they will be examined in greater detail at subsequent stages.
The second part of the Manual has been divided into seven sections. The aim of each section is to reach a specific conclusion by answering a number of questions and following the recommendations shown to find the required information. At this stage, the analysis should be as detailed as possible based on the available data.
Each section of the Manual uses a dichotomous choice approach to move through the assessment, answering a number of questions and using the information available. In some cases, it will not be possible to complete an assessment; in other cases, depending on the importance of the information required for the assessment in each section, it will be possible to continue.
The Manual does not use any type of score as a criterion for making a positive or negative Non-detriment finding.
Based on the quality and timeliness of the available information, and on the criteria applied to complete the assessment, users of the Manual will ultimately determine whether they are able to make a Non-detriment finding on the harvesting of a wild specimen, and where it is not possible to make a positive NDF, they will indicate the studies that need to be conducted.
The Manual also serves as a guiding tool for defining and developing future research to ensure better availability of scientific data to support the Non-detriment finding process.
It is advisable to include forestry experts in the preparation of Non-detriment findings for trees given the specificity of the methodologies that have to be applied at different stages of the assessment. Both the ITTO and the FAO have some very useful data sources, methodologies, definitions, and procedures.