Title 50
SECTION 23.61
23.61 What factors are considered in making a non-detriment finding
§ 23.61 What factors are considered in making a non-detriment finding?(a) Purpose. Articles III and IV of the Treaty require that, before we issue a CITES document, we find that a proposed export or introduction from the sea of Appendix-I or -II specimens is not detrimental to the survival of the species and that a proposed import of an Appendix-I specimen is for purposes that would not be detrimental to the survival of the species.
(b) Types of detriment. Detrimental activities, depending on the species, could include, among other things, unsustainable use and any activities that would pose a net harm to the status of the species in the wild. For Appendix-I species, it also includes use or removal from the wild that results in habitat loss or destruction, interference with recovery efforts for a species, or stimulation of further trade.
(c) General factors. The applicant must provide sufficient information for us to make a finding of non-detriment. In addition to factors in paragraphs (d) and (e) of this section, we will consider whether:
(1) Biological and management information demonstrates that the proposed activity represents sustainable use.
(2) The removal of the animal or plant from the wild is part of a biologically based sustainable-use management plan that is designed to eliminate over-utilization of the species.
(3) If no sustainable-use management plan has been established, the removal of the animal or plant from the wild would not contribute to the over-utilization of the species, considering both domestic and international uses.
(4) The proposed activity, including the methods used to acquire the specimen, would pose no net harm to the status of the species in the wild.
(5) The proposed activity would not lead to long-term declines that would place the viability of the affected population in question.
(6) The proposed activity would not lead to significant habitat or range loss or restriction.
(d) Additional factor for Appendix-II species. In addition to the general factors in paragraph (c) of this section, we will consider whether the intended export of an Appendix-II species would cause a significant risk that the species would qualify for inclusion in Appendix I.
(e) Additional factors for Appendix-I species. In addition to the general factors in paragraph (c) of this section, we will consider whether the proposed activity:
(1) Would not cause an increased risk of extinction for either the species as a whole or the population from which the specimen was obtained.
(2) Would not interfere with the recovery of the species.
(3) Would not stimulate additional trade in the species. If the proposed activity does stimulate trade, we will consider whether the anticipated increase in trade would lead to the decline of the species.
(f) How we make our findings. We base the non-detriment finding on the best available biological information. We also consider trade information, including trade demand, and other scientific management information. We make a non-detriment finding in the following way:
(1) We consult with the States, Tribes, other Federal agencies, scientists, other experts, and the range countries of the species.
(2) We consult with the Secretariat and other Parties to monitor the level of trade that is occurring in the species.
(3) Based on the factors in paragraphs (c) through (e) of this section, we evaluate the biological impact of the proposed activity.
(4) In cases where insufficient information is available or the factors above are not satisfactorily addressed, we take precautionary measures and would be unable to make the required finding of non-detriment.
(g) Risk assessment. We review the status of the species in the wild and the degree of risk the proposed activity poses to the species to determine the level of scrutiny needed to make a finding. We give greater scrutiny and require more detailed information for activities that pose a greater risk to a species in the wild. We consider the cumulative risks, recognizing that each aspect of international trade has a continuum of risk (from high to low) associated with it as follows:
(1) Status of the species: From Appendix I to Appendix II.
(2) Origin of the specimen: From wild-collected to born or propagated in a controlled environment to bred in captivity or artificially propagated.
(3) Source of the propagule used to grow the plant: From documentation that the plant was grown from a non-exempt seed or seedling to documentation that the plant was grown from an exempt seed or seedling.
(4) Origin of the species: From native species to nonnative species.
(5) Volume of legal trade: From high to low occurrence of legal trade.
(6) Volume of illegal trade: From high to low occurrence of illegal trade.
(7) Type of trade: From commercial to noncommercial.
(8) Genetic status of the specimen: From a purebred species to a hybrid.
(9) Risk of disease transmission: From high to limited risk of disease transmission.
(10) Basis for listing: From listed under Article II(1) or II(2)(a) of the Treaty to listed under Article II(2)(b).
(h) Quotas for Appendix-I species. When an export quota has been set by the CoP for an Appendix-I species, we will consider the scientific and management basis of the quota together with the best available biological information when we make our non-detriment finding. We will contact the Scientific and Management Authorities of the exporting country for further information if needed.