TESTIMONY OF
PENELOPE DALTON
ASSISTANT ADMINISTRATOR FOR FISHERIES
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
U.S. DEPARTMENT OF COMMERCE

ON THE
CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES (CITES)

BEFORE THE
COMMITTEE ON RESOURCES
U.S. HOUSE OF REPRESENTATIVES

JULY 13, 1999

Mr. Chairman and members of the Committee, thank you for inviting me to testify before the Committee on the Convention on International Trade in Endangered Species (CITES). I am Penny Dalton, Assistant Administrator for Fisheries for the National Oceanic and Atmospheric Administration (NOAA).

The U.S. Fish and Wildlife Service (FWS) of the Department of the Interior is responsible for the implementation of CITES under the Endangered Species Act (ESA). However, highly-visible marine CITES species that are listed in either Appendix I or II of CITES are also within the domestic jurisdiction of NOAA, in the Department of Commerce. These include the great whales, dolphins, queen conch, hard corals and six pinniped species or genera. The species are listed in either Appendix I or II of CITES. All marine turtles, whose protection under the ESA is shared by the two agencies, are listed in Appendix I of CITES. In NOAA, responsibility for protection of these marine species has been delegated to the National Marine Fisheries Service (NMFS).

In recent Conferences of the Parties to CITES, some of the most contentious issues have involved marine species. These have ranged from efforts to re-open lucrative trade in large whales and endangered hawksbill turtles to looking at the ways that CITES might be used to regulate international trade in marine fish. NOAA has taken a leading role in ensuring that the conservation of these and other marine species is not compromised.

I welcome the opportunity to discuss with you some recent NOAA achievements under CITES. I will also describe NOAA's preparation for the next Conference of the CITES Parties (COP-11), including the marine species and resolutions and agenda items we are considering for proposal.

CITES Background

The structure of CITES is similar to the U.S. Endangered Species Act, in that species are listed according to their conservation status. In addition, listed species must meet the test that they are or may be affected by trade. Species listed in CITES Appendix I, for which there is no international commercial trade, are "threatened with extinction." Appendix II species are "not necessarily threatened with extinction," but may become so unless trade is strictly regulated. This regulation usually takes the form of a requirement for documentation from the country of export, monitoring of imports and, in some cases, export quotas. Another form of regulation is listing in Appendix III. A country may unilaterally (without a vote) list in Appendix III any species which is subject to regulation within its jurisdiction for which the cooperation of other Parties is needed. Importing countries must check for export permits for the species issued by the country of origin for Appendix III species.

NOAA's Role in CITES Efforts

Under the Endangered Species Act, the Secretary of the Interior and the Secretary of Commerce share responsibility for implementation of the Act for species under their respective jurisdictions. The Secretary of the Interior and the Secretary of Commerce have delegated those responsibilities to the Director, U.S. Fish and Wildlife Service and the Assistant Administrator for Fisheries (NOAA). Responsibilities are set out in Reorganization Plan 4 of 1970 and in an August 28, 1974 Memorandum of Understanding between the two agencies.

However, the ESA provisions providing domestic implementation of CITES vest responsibilities for implementing CITES solely with the Department of the Interior. In light of the increasing amount of time and effort being spent on marine species at CITES meetings, and NOAA scientific expertise in this area and domestic authority for managing most marine species, the Agencies are currently seeking to formalize the current working relationship with NOAA assuming the role as the scientific authority for marine species through a MOU.

NOAA CITES Achievements

NOAA has in its regional offices and science centers the considerable expertise necessary to support CITES for marine species under its jurisdiction. Indeed, at the most recent Conference of the CITES Parties, NOAA members of the United States delegation led efforts to 1)defeat the downlisting of five populations or species of great whales; 2) defeat the re-opening of international trade in hawksbill turtles in the Caribbean; 3)improve cooperation among Parties to monitor and reduce illegal trade in whale meat; and 4)achieve adoption of a report on international trade in sharks.

NOAA has been highly effective in enhancing international protection for such CITES species as hard corals, queen conch, marine turtles and whales. One important CITES-related project, of which NOAA has been a highly effective partner, has been the recent inter-agency analysis of the U.S. role in international trade in coral reef species, mandated by the President's June 11, 1998 Executive Order on Coral Reef Protection.

Preparations for COP-11

NOAA has collaborated with FWS and contributed significantly to preparations for the next Conference of the CITES Parties, COP-11, by reviewing the various proposals for marine species and resolutions that the public has recommended for U.S. introduction at the meeting. It is with the scientific expertise available in our Agency that these preparations can be made.

A Federal Register notice published on July 8 identifies issues that are under consideration. The United States has requested additional information about the following marine species and resolutions.

Species

Seahorses (Hippocampus spp.). The rapidly growing trade in Hippocampus species for traditional Chinese medicine and its derivatives, aquarium pets, souvenirs and curios, is resulting in overexploitation of wild populations. Considering their use in international trade combined with the rarity of and limited reproductive potential of seahorses, the United States is considering proposing these species for listing in Appendix II.

Steller sea lion (Eumetopias jubatus). Declines in this species have caused the U.S. western population to be classified as endangered under the Endangered Species Act. It is presumed that international trade occurs based on availability of Steller sea lion meat in shops in Japan. The United States is considering a proposal to add the species to Appendix I of CITES.

Bottlenose dolphin, Black Sea/Sea of Azov population. (Tursiops truncatus) Threatened by pollution, overfishing and invasive invertebrates, there are indications that many populations in this region have declined. Despite this, bottlenose dolphins from this area are being taken for export to public display facilities. The United States is considering a proposal to transfer the species to Appendix I.

Great white shark (Carcharodon carcharias). Although information about population levels of this species is not entirely conclusive, there is enough anecdotal information to indicate that this species is rare and international trade is occurring. There is worldwide interest in conservation of sharks generally and this species in particular. Australia has indicated that it will probably propose this species for listing in Appendix I.

Whale shark (Rhincodon typus). The species is rare and local seasonal populations have declined drastically in some areas, and fishing effort and price have greatly increased. Sharks in general are more vulnerable to exploitation than are most other fishes because of their longevity, delayed maturation, and relatively low fecundity. A number of countries in that region are potential co-sponsors to a proposal to list this species in Appendix II.

Patagonian toothfish (Dissostichus eleginoides). Patagonian toothfish is also known as Chilean seabass. Overharvest due to illegal trade is of prime concern to the United States and other countries. Efforts to develop a vessel certification system within the Convention for the Conservation of Antarctic Living Marine Resources (CCAMLR) are currently underway, but will not be voted upon until November 1999. The United States is considering proposing this species for listing in CITES, in case regulatory measures in CCAMLR are not adopted.

In addition, the United States intends not to propose the listing of Sawfishes (Pristiformes spp.), Spiny dogfish shark (Squalus acanthias) or Atlantic swordfish (Xiphias gladius) in Appendix II. Neither are we planning to support the removal from Appendix II of Giant clams (Tridacna gigas and T. derasa) or stony corals.

Southern bluefin tuna (Thunnus maccoyii). A proposal to list this species in Appendix II is reportedly being considered by Australia. The United States does not participate in this fishery and is not a member of the Convention for the Conservation of Southern Bluefin Tuna (CCSBT). The United States, therefore, is seeking additional information about the conservation status of this species and whether it qualifies for listing in the CITES Appendices.

RESOLUTIONS

The United States proposes to submit or support three possible resolutions or agenda items dealing with marine issues:

Synergy with FAO. CITES and the United Nations Food and Agriculture Organization (FAO) have for the last several years worked cooperatively on such projects as the implementation of FAO plans of action on seabirds, sharks and fishing capacity, and on the review of CITES listing criteria. The United States is very supportive of this synergy and cooperation between these two international organizations. The United States proposes to submit a discussion paper to COP-11 to ensure that this high level of interaction continues.

Introduction from the Sea. The term, "Introduction from the Sea," is included in the CITES Treaty and describes a permitting process for regulation of species taken in the marine environment not under the jurisdiction of any State. Australia has indicated that it intends to submit a resolution on introduction from the sea at COP-11. The U.S. government intends to continue to participate in discussion of this issue.

Reaffirmation of the Synergy Between CITES and the IWC. The United States intends to inform the Conference of the Parties of an important resolution on this topic that was overwhelmingly adopted at the 51st Meeting of the International Whaling Commission (IWC), in Grenada, May 23-27, 1999. The resolution, IWC/51/43, directs the IWC Secretariat to advise the CITES Conference of the Parties that the IWC has not yet completed a revised management regime that ensures that future commercial whaling catch limits are not exceeded and whale stocks can be adequately protected. The resolution further directs the Secretariat to advise the CITES Conference of the Parties that zero catch limits are still in force for species of whales managed by the International Whaling Commission.

I appreciate the opportunity to appear before the committee today and am prepared to respond to any questions members may have.