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October 31, 2003
Archived May 14, 2004
Subject: Trade Restrictions on CITES-Listed Wildlife
from Fiji
Background: The U.S. Fish & Wildlife
Service received notice from the CITES Secretariat that
Fiji failed to adopt required regulatory measures, develop
appropriate coral export quotas, and satisfactorily implement
and enforce the Convention on International Trade in Endangered
Species (CITES) upon import, export, and re-export. This
failure poses a serious threat to many endangered and threatened
species. Fiji has been a member of CITES since 1997 and
is engaged in significant amounts of wildlife trade. In
the notice, the Secretariat recommends that all CITES countries
refuse import from, and export or re-export to, Fiji of
specimens of CITES-listed species.
The Endangered Species Act prohibits trade
(import, export, re-export) in specimens traded contrary
to the CITES Convention. Articles II and VIII of CITES require
that countries take appropriate measures to enforce the
provisions of the treaty and to prohibit trade in specimens
that are in violation. CITES permits and certificates may
only be issued and considered valid when it is determined
that the specimens have been legally acquired.
As a member of CITES, the United States is
committed to carrying out decisions and policies approved
by CITES countries that reflect appropriate interpretations
of the treaty. Based upon the lack of implementing regulations
in Fiji and the country’s failure to provide details
of export quotas, the United States cannot establish legal
origin or the lack of detriment of wildlife that is exported
or re-exported from Fiji. Any export permits or re-export
certificates issued by Fiji are considered invalid, and
shipments may not be imported directly from Fiji or through
an intermediary country. In addition, the United States
cannot allow export or re-export of CITES-listed specimens
from the United States to Fiji since there are no enforcement
provisions in place to ensure that the Convention is being
implemented.
Action: Effective immediately,
the United States will prohibit the import of CITES-listed
specimens from Fiji or CITES-listed specimens with an origin
of Fiji until further notice. The United States will also
prohibit the export or re-export of CITES-listed specimens
to Fiji or the re-export of CITES-listed specimens with
an origin of Fiji until further notice. Any such shipments
are subject to seizure and forfeiture.
Contact:
U.S. Fish & Wildlife Service
Office of Law Enforcement
703-358-1949 703-358-2271 (fax)
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