Abstract
The 13th Meeting of the Conference of the Parties to the Convention on Migratory Species of Wild Animals (CMS COP-13) was held in Gandhinagar, Gujarat, India, from 15– 22 February 2020. The meeting convened under the theme “Migratory species connect the planet and together we welcome them home”, which highlights the need for international action to protect migratory species across the planet.
Migratory species are vulnerable to a wide range of threats, including habitat shrinkage in breeding areas; excessive hunting along migration routes; and degradation of their feeding grounds. As a result of international concern over these threats, CMS was adopted in 1979 and entered into force on 1 November 1983. CMS, also known as the Bonn Convention, currently having 130 Parties (129 States and the EU), provides a global platform for the conservation of terrestrial, marine and avian migratory species, their habitats and migration routes. CMS brings together the States through which migratory species pass and lays the legal foundation for internationally coordinated conservation measures. As the only global convention specialising in the conservation of migratory species, CMS complements and cooperates with other international organisations, non-governmental organisations (NGOs) and partners in the media and the corporate sector. 1
Migratory species threatened with extinction are listed on Appendix I of the Convention. CMS Parties strive towards strictly protecting these species; conserving or restoring the places where they live; mitigating obstacles to migration; and identifying and controlling factors that might endanger them. Migratory species that need, or would significantly benefit from, international cooperation are listed in Appendix II of the Convention which encourages the range States to conclude global or regional agreements to promote these species’ protection. In this respect, CMS acts as a framework Convention. The agreements may range from legally binding treaties to less formal instruments, such as Memoranda of Understanding, and can be adapted to the requirements of particular regions.
The COP is the principal decision-making body of the Convention. It meets once every three years and sets the budget and priorities of the following triennium. It also decides on the amendment of the Appendices; and considers reports and proposals submitted by the Parties, the Scientific Council and the international instruments established under the Convention.
COP-13 2 was the largest meeting in the history of the Convention, with attendance at 2,550 persons, representing 82 Parties and 5 non-Party States, as well as United Nations agencies, international and local NGOs and representatives from both national and international media. The Conference promoted the concept of ecological connectivity as a top priority for CMS and adopted Resolutions and Decisions, 3 regarding, inter alia, integrating biodiversity and migratory species considerations into energy policy; promoting wildlife-friendly renewable energy; mitigating the impacts of linear infrastructure on migratory species; protecting cultural knowledge and social complexity of endangered species as a means of conservation; adding new species to the Convention’s Appendices; and addressing a wide range of key conservation issues. This article briefly summarises several selected issues addressed by the Conference.
Promoting Ecological Connectivity
COP-13 was the first in a series of international biodiversity conferences expected to culminate in the adoption of a new global biodiversity framework during the 15th UN Biodiversity Conference (a Conference originally scheduled to take place from 15– 28 October 2020, in Kunming, China, but due to the COVID-19 pandemic, now expected to take place during the second quarter of 2021). COP-13 set priorities for migratory species, aiming at transmitting outcomes to that Conference.
In this context, CMS Parties adopted the Gandhinagar Declaration, which promotes the concept of ecological connectivity 4 – the unimpeded movement of species and flow of natural processes that sustain life on Earth; calls for this concept to be integrated in the post-2020 Global Biodiversity Framework; underlines that the loss and fragmentation of habitat, and overexploitation are the most serious threats to migratory species, with climate change expected to exacerbate these problems; suggests that the new framework consider the status of migratory species as a potential indicator of progress towards sustainability; calls for the new framework to address the impacts of environmental degradation on migratory species and their habitats; and recommends that the post-2020 framework include goals and targets on ecological connectivity.
The Resolution instructed that the Gandhinagar Declaration be transmitted to the Open-ended Working Group on the post-2020 Global Biodiversity Framework, the United Nations Summit on Biodiversity, and the 26th session of the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC).
Mitigating the Impacts of Linear Infrastructure
The significant global expansion of linear infrastructure, such as energy facilities and roads, can pose severe risks to migratory species. Roads and railway lines cutting through natural habitats can act as barriers to migration and result in injury and death of birds and animals. Linear infrastructure can also disturb wildlife; increase pollution; and facilitate access for the illegal harvesting of wildlife.
COP-13 Decisions 13.130– 13.134, on Infrastructure Development and Migratory Species, call on the Scientific Council to establish a multi-stakeholder Working Group on linear infrastructure to explore impacts on migratory species and options for mitigation. The Working Group is expected to review available information; and identify areas where further assistance is needed to enhance the implementation of Resolution 7.2 (Rev.COP12), which urged Parties to include the potential impacts of linear infrastructure on the conservation of migratory species in their environmental impact assessments and strategic environmental assessments. Such impacts, to be identified for each, could include impediments to migration, loss of seasonal ecosystems and effects on migratory patterns or migratory ranges.
In addition, the COP-13 Decisions asked the Scientific Council to identify the types of infrastructure that have not been addressed under CMS and are of particular relevance to the conservation of CMS-listed species; provide advice on possible actions that could mitigate the impacts of such infrastructure; report the findings; and make recommendations to COP-14.
The Conference also requested that the Secretariat compile existing standards, guidelines and best practices and make them available online. The Secretariat was also told to liaise with the United Nations Environment Programme (UNEP), the Convention on Biological Diversity, the International Association for Impact Assessment, the World Bank, relevant international and regional organisations and other stakeholders, with the aim of supporting the operation of the Working Group and providing support to Parties in addressing the impacts of linear infrastructure on migratory species, through joint capacity development activities.
Promoting Species-safe Renewable Energy
Global energy demand is set to increase by 30 percent by 2040. Meeting this demand while preventing global average temperature rises requires a substantial increase in the generation of renewable energy. Renewable energy installations and related powerline infrastructure have the potential to adversely impact migratory birds and bats. Making renewable energy wildlife-friendly is a major focus of the Convention’s work. In this context, the CMS Energy Task Force was created in 2015, with the objective to work towards reconciling renewable energy developments with the conservation of migratory species. The Task Force promotes relevant research on wind energy and other sectors; assesses the vulnerability of species; and monitors the implementation of conservation guidelines. Besides, on a policy level, it advises development banks and other institutions financing renewable energy infrastructure projects.
COP-13 Decisions 13.106– 13.108 aim at integrating biodiversity and migratory species considerations into national energy and climate policy, enhancing collaboration between the UNFCCC and CMS. In these decisions, the COP requests seven efforts from the Energy Task Force: to collate best practices and suggest means of integrating biodiversity into national policies; to standardise methodologies in planning, managing and monitoring renewable energy infrastructure and its impact on biodiversity; to propose effective methods for cumulative assessment, as well as evidence-based mitigation measures; and to review existing assessment tools and mitigation strategies, including those that can be applied beyond national borders, across flyways and throughout species’ ranges; to analyse methods for assessing risks resulting from species displacement, due to construction and operation of energy infrastructure; to strengthen national procedures to deliver licensing and permitting of energy infrastructure; to standardise approaches for post-construction monitoring of renewable energy projects; and to collate species’ mortality data in national and global mortality databases.
The Task Force’s report to COP-14 on the above issues is expected to promote a renewable energy mix that is scientifically demonstrated to be wildlife-friendly.
Mitigating the Effects of Light Pollution
It was the first time that a CMS COP has addressed the impact of light pollution on migratory species. Artificial light is increasing worldwide, affecting migratory species such as bats, birds and marine turtles. The decline of insects due to light pollution is reducing available prey for insectivores. However, there are no international guidelines to mitigate and avoid light pollution, which can be a lethal danger to migratory species.
COP Decisions 13.138 and 13.139 request the Secretariat to propose the dedication of one of the next World Migratory Bird Days to this issue – highlighting the effects of light pollution on migratory birds, also taking into account its effects on bats, marine turtles, insects and other affected animals. The COP also approved, by Resolution 13.5, the National Light Pollution Guidelines for Wildlife, including Marine Turtles, Seabirds and Migratory Shorebirds.
Halting Insect Decline
A related topic on the COP-13 agenda was the decline of insects, which constitutes an emerging threat to migratory insectivorous animals, especially bats and birds. Insect biodiversity plays a vital role in the correct functioning of the world’s ecosystems and the services they provide. About 40 percent of the world’s insect species may become extinct over the next few decades. In this context, the COP called for analysis and action to address the decline in insect numbers.
CMS COP Resolution 13.6 called on Parties to address these matters. Decision 13.129 goes on to request the Scientific Council to consider identifying and prioritising the main factors causing the established loss of insect biomass. In this process, the Council is called to collect relevant information regarding the current insect decline, assessing its cascading effects on migratory insectivorous animal species and developing guidelines identifying the most urgent or prioritised actions to be taken.
Understanding the Importance of Species’ Cultural Knowledge
There is evidence that whales, dolphins, elephants and primates acquire some of their knowledge and skills through social learning, including from adults or peers. This knowledge may include use of tools or preferable migration routes.
Human activities that disrupt the social fabric of culturally developed species can have severe impacts on their conservation. Once a species has vanished from an area, critical knowledge can be lost. Protecting cultural knowledge among peers and across generations may be vital for the survival and successful reproduction of certain species. Supporting individuals that act as “repositories” of social knowledge such as elephant matriarchs, or groups of knowledgeable elders, may be just as important as conserving critical habitat.
The protection of cultural knowledge and social complexity of migratory species as a means of conservation is a new concept which may be applied to many species, such as the Sperm whales of the Eastern Tropical Pacific or the Nut-cracking chimpanzee of Western Africa. For example, the four subspecies of Sperm whale differ little from each other in their nuclear DNA, but their vocalisations vary considerably, and these can only be acquired through social interaction and learning. As a result of commercial whaling in the 1800s, the Southern right whales’ knowledge of migration routes around New Zealand’s coastline was lost to the species. Nowadays, a handful of whales have again started to calve around New Zealand. Recent evidence suggests that the species may recolonise forgotten migration destinations once the population recovers from the impact of whaling.
Nut-cracking chimpanzees have a unique technological culture. The species can crack open different types of nuts by using stones and pieces of wood as a hammer and anvil. Despite nuts, stones and wood being commonly available, nut-cracking skills occur only in the most westerly parts of this subspecies’ range spanning Guinea, Sierra Leone, Liberia and Côte d’Ivoire, and not in other populations across Africa. Scientists say this cultural capacity enables these chimpanzees to survive dry seasons in their western habitats. Such behaviour could enhance survival prospects of chimpanzees in areas where climate change affects vegetation.
Understanding how Sperm whales pass on valuable information to their offspring or why some groups of chimpanzees have a culture of cracking nutritious nuts with stone tools while others do not, can be key to evaluating conservation challenges for such species.
The protection of cultural knowledge and social complexity of migratory species as a means of conservation – first raised at CMS COP-12 in 2017 – was further discussed at COP-13. Decisions 13.102– 13.105 on Conservation Implications of Animal Culture and Social Complexity, adopted by the Conference, aim at collecting findings and developing recommendations that show how this complex issue can be further considered in conservation efforts under CMS. The COP requested Parties to liaise with the Chair and vice-Chair of the Expert Working Group on Animal Culture and Social Complexity, engaging in the development of concerted actions for the species or populations identified as priorities. Parties should also, upon request from the Secretariat, submit information on any assessments of anthropogenic threats that may interact with the social structure and culture of socially complex mammalian species and support the implementation of these decisions with voluntary contributions, including any publications of pertinent data for advancing the conservation management of these populations and discrete social groups. Information received by the Secretariat will be transmitted to the Expert Working Group.
The COP also requested that the Expert Group continue work on identifying priority species and social groups. Once key priority species have been identified, that group was also authorised to develop a more comprehensive work plan beyond 2020, including identification of case studies relevant to CMS. In addition, the Expert Group is asked to develop robust criteria for prioritising species and social groups on the CMS Appendices; develop any relevant concerted actions arising from the prioritisation process; and identify key daughter agreements which might benefit from dissemination of this work.
The COP’s decisions also directed the Secretariat to convene a workshop to assist the Expert Working Group with identifying priority species and populations on the CMS Appendices and specifically to provide advice to Parties on how to augment existing conservation efforts using insights on aspects of sociality.
Mitigating Impacts of Plastic Pollution
Historically, scientific research on plastic pollution has focused on marine environments. However, recent studies have shown that plastics, including microplastics, can affect terrestrial and freshwater species as well. Digestion of plastics and microplastics has been reported in many species including elephants, deer, storks and freshwater fish. Further scientific research is needed to better understand the scale and extent of the impact of plastic waste on migratory species living in terrestrial and freshwater ecosystems.
COP-13 adopted Decisions 13.122– 13.125 on Impacts of Plastic Pollution on Aquatic, Terrestrial and Avian Species. In these decisions, the COP invited Parties to encourage further research by academic and research organisations and other relevant stakeholders on the impact of plastic pollution, including microplastics, on freshwater and terrestrial species. The COP also called on the Scientific Council to develop a concise report on the impact of plastic pollution on CMS-listed species that inhabit terrestrial and freshwater ecosystems, as well as a summary of existing guidance on measures addressing such threats. The decisions also asked the Council to recommend possible next steps for addressing impacts of plastic pollution on CMS-listed species, and to this end called for collaboration and information exchange with other scientific mechanisms such as those under the International Whaling Commission, UNEP and other multilateral environmental agreements. In that connection, the COP specifically requested the Secretariat to strengthen cooperation with UNEP to address the impact of marine debris and plastic pollution more broadly on migratory species.
The COP’s decisions also encourage Parties, intergovernmental and non-governmental organisations and other stakeholders to identify and mobilise financial resources to support activities and initiatives towards combating and removing accumulated marine debris in areas of high importance for migratory species, on the basis of the precautionary principle.
Listing Proposals
COP-13 adopted numerous listing proposals and added ten new species to the CMS Appendices. Seven species (the Asian elephant, Jaguar, Great Indian bustard, Bengal florican, Little bustard, Antipodean albatross and the Oceanic whitetip shark) were added to Appendix I which comprises migratory species that are in danger of extinction throughout all or a significant portion of their range. For each of the species proposed for listing on Appendix I except the Jaguar, Little bustard and the Oceanic whitetip shark, the COP adopted a “concerted action”. 5 Three species (the Urial sheep, Smooth hammerhead shark and the Tope shark) were added to Appendix II, which covers migratory species that have an unfavourable conservation status and require international cooperation for their conservation and management.
Conservation Issues
Avian Species
The Prevention of Illegal Killing, Taking and Trade of Migratory Birds
Illegal killing (including poisoned carcasses and the use of poisoned baits to kill them), as well as taking and trade of migratory birds, still represent important factors mitigating against the achievement and maintenance of the favourable conservation status of bird populations in all major flyways. Continued and intensified illegal killing, taking and trade of migratory birds in some areas contributes to population declines of some CMS Appendix I species (e.g., Spoon-billed sandpiper, Yellow-breasted bunting and Marsh seedeater). To address this issue, COP-13 revised CMS Resolution 11.16, on the Prevention of Illegal Killing, Taking and Trade of Migratory Birds, urging Parties to adopt a zero-tolerance approach to any deliberate illegal killing, trapping and trade of wild birds, and to play a full and proactive role in fighting against these illegal activities; inviting Parties, non-Parties and stakeholders to strengthen national and local capacity to address this challenge.
Action Plan for Migratory Landbirds in the African Eurasian Region
The status of migratory landbirds is widely used as an indicator of the overall health of the environment and other biodiversity. When monitored with standardised methods, migratory landbirds can also provide an effective indicator of sustainable land use.
There is compelling scientific evidence of widespread declines of African-Eurasian migratory landbirds in recent decades. The European breeding populations of some formerly widespread species have more than halved in the last 30 years. The key drivers of this decline appear to be degradation of the breeding habitats, particularly within agricultural systems and woodland and forests; and in the non-breeding areas, the combined factors of anthropogenic habitat degradation, unsustainable harvesting and climate change. Current trends in African land use, alongside those in Eurasia, are leading to considerable landscape changes that can have significant negative impacts on biodiversity, including migratory birds. This problem needs to be addressed because such biodiversity is valuable both in its own right and for the ecosystem services it provides. And these services constitute the foundation of resilient livelihoods for rural people, who are some of the poorest in the region.
To address this issue, COP-13 revised CMS Resolution 11.17, the Action Plan for Migratory Landbirds in the African-Eurasian Region. 6 In so doing, it renewed its urging of Parties to address the issue of habitat loss and degradation of migratory landbird species through working with local communities and developing policies that maintain, manage and restore natural and semi-natural habitats. In this connection, the COP instructed the Secretariat, in collaboration with Parties and relevant international organisations, to organise regional workshops.
Preventing Poisoning of Migratory Birds
Large numbers of migratory birds are being killed annually due to the use of agricultural pesticides, poison bait, veterinary pharmaceuticals and lead shot (in plants, fish and animals they eat). This unnecessary mortality can severely affect the conservation status of vulnerable species, including many listed under CMS. For some species, poisoning is the primary cause of their unfavourable conservation status. Thus, there is a need to provide practical guidance on preventing or at least reducing poisoning. To address this challenge, COP-13 revised CMS Resolution 11.15, to request that Parties elaborate strategies addressing poisoning, and to monitor and evaluate the impact of poisoning on migratory bird species regularly at the national level.
Flyways
A number of significant threats exist along migratory birds’ flyways. These arise from a range of human activities such as inland wetland reclamation, wind-turbine development, agricultural intensification and habitat modification through desertification and overgrazing. Activities that cause the destruction of coastal and inter-tidal habitats and the loss of forests and grasslands also affect flyways. Other flyway hazards include the risks of collision with power lines (electrocution), as well as injury or capture by hunters, fishermen and others, bycatch or taking and trade. Migration flyways also may expose migratory birds to the consumption of poisons and lead shot (see above); invasive alien species; avian diseases and ingestion of or tangling in (plastic and other) marine debris.
As revised by COP-13, CMS Resolution 12.11, recognising that flyways are to be considered as ecological networks, 7 adopted the Action Plan for the Americas Flyways, calling on Parties to effectively implement its Programme of Work, including through the provision of financial assistance. Its goals are to ensure that known key migratory stop-over sites are all cooperatively protected and managed, and to foster transboundary collaboration within flyway networks. The revised resolution also calls on the Secretariat, in collaboration with Parties and other relevant international organisations, to strengthen cooperation with the private sector with the aim of promoting inclusion and development of flyway consideration into operational guidance; and requests the Scientific Council to present case studies and produce guidelines on mechanisms to enhance conservation through site networks.
Additional Action Plans
Action plans focused on other bird species were addressed in Resolution 12.12 (Rev.COP-13). As revised by COP-13, that resolution adopted species action plans for the Far eastern curlew, Baer’s pochard and the European roller, while acknowledging the Standing Committee’s work toward the adoption of other action plans that have been developed (Action Plans for the White-headed duck, the European turtle dove and the Dalmatian pelican). It urged Parties to participate in the implementation of these action plans (and all others adopted to date).
Aquatic Species
Important Marine Mammals Areas
Decisions 13.54– 13.57 considered the concept of “Important Marine Mammals Areas”. The recommended source of information on such areas is the website of the Joint Marine Mammal Protected Areas Task Force established by the International Union for Conservation of Nature Species Survival Commission (IUCN SSC) and IUCN’s World Commission for Protected Areas (WCPA). Those decisions specifically request Dugong range-State Parties to consider whether their regional dugong population merits inclusion in CMS Appendix I.
Marine Noise
COP-13 Decisions 13.58– 13.60 on Adverse Impacts of Anthropogenic Noise on Cetaceans and Other Migratory Species, requested that Parties disseminate the CMS Family Guidelines on Environmental Impact Assessment for Marine Noise-generating Activities to relevant national departments and to inform the Scientific Council about lessons learned from application. Those decisions further called on the Scientific Council to seek input from the CMS/ACCOBAMS/ASCOBANS Joint Noise Working Group on the report on “Best Available Technology (BAT) and Best Environmental Practice (BEP) for Three Noise Sources: Shipping, Seismic Airgun Surveys, and Pile Driving”. On the basis of that input, the Scientific Council is to review the report and determine whether it is necessary to develop voluntary noise mitigation guidelines.
Bycatch
COP-13 adopted Decisions 13.61– 13.63 on Bycatch, which urges Parties with marine mammal bycatch problems to take into account relevant CMS assessments as well as the relevant technical guidelines developed by the Food and Agriculture Organization on the reduction of bycatch. The Scientific Council (with support of the Secretariat) will commission a review of bycatch in chondrichthyan species, and will respond to requests from Parties for national or regional reviews to determine CMS species bycatch levels and to identify priority areas to be addressed.
Aquatic Wild Meat
Usually large and more vulnerable animals are deliberately targeted as aquatic wild meat. Among CMS species most affected are small cetaceans, reptiles, seabirds, as well as sharks, rays and skates. COP-13 noted, inter alia, the report on the Harvest of CMS Appendix I-Listed Sharks and Rays as Aquatic Wild Meat and adopted Decisions 13.64 and 13.65 on Aquatic Wild Meat. Those decisions call on the Aquatic Wild Meat Working Group to work with the Bycatch Working Group to develop analysis of instances where bycatch transitions to aquatic wild meat harvest. They also instruct the Secretariat to liaise with the Collaborative Partnership on Sustainable Wildlife Management to promote the inclusion of aquatic wild meat in their work.
Marine Wildlife Watching
Decisions 13.66– 13.68 on Marine Wildlife Watching direct Parties to provide the Secretariat with copies of the relevant documents for any measures that they have adopted regarding recreational in-water interactions with aquatic mammals or other CMS-listed species. They anticipate that the Scientific Council, with support of the Secretariat, will develop guidelines on recreational in-water interactions.
Marine Turtles
Decisions 13.69 and 13.70 on Marine Turtles requested the Scientific Council to review scientific information on conservation and threats to marine turtles and to develop new recommendations for the conservation of all species of marine turtles included in Appendix I or II of the Convention, including the preservation of the current nesting beaches and the identification of new ones. They anticipate, by COP-14, the submission of a draft single species action plan for the conservation of the Hawksbill turtle.
Chondrichthyan Species
A 2014 assessment by IUCN on the conservation status of chondrichthyan species (sharks, rays, skates and chimaeras) estimated that one quarter of all examined species are threatened with extinction, and only one third are classified as being of low conservation concern. IUCN has warned that rays are generally more threatened and less protected than sharks, and that all mobulids, sawfishes and the Mediterranean population of the Common guitarfish are included in CMS Appendices I and II.
COP-13 expressed its concern about the significant mortality of chondrichthyan species, especially those listed on Appendices I and II of CMS, from a range of impacts and threats, including habitat loss and destruction, overexploitation, illegal, unreported and unregulated (IUU) fishing, as well as fisheries bycatch. Its decision emphasised that overfishing is the main driver behind significant declines in chondrichthyan species worldwide, threatening many populations, the stability of marine ecosystems, sustainable fisheries, shark- and ray-based ecotourism and food security. Another practice, known as “finning” (the removal and retention of commercially valuable fins of sharks and some rays), followed by the discard at sea of the rest of the carcass, is also associated with unsustainable mortality and unacceptable waste. The demand for chondrichthyan species’ products (e.g., shark and some ray fins and mobulid gill plates) can fuel unsustainable practices and overexploitation of these species.
Thus, Resolution 13.3 requests all Parties to strengthen measures to protect migratory chondrichthyan species against threatening processes, including habitat loss and destruction, bycatch and finning, and urges them to ensure that the populations of all fished and traded chondrichthyan species are maintained within safe biological limits.
The COP also urged Parties to review (and, if necessary, revise or replace) their existing legislation prohibiting the taking of Appendix I chondrichthyan species. It also calls on the Secretariat to produce a synthesis of information on bycatch of Appendix I chondrichthyan species in national reports for review by the Scientific Council.
Live Capture of Cetaceans from the Wild for Commercial Purposes
COP-13 Decisions 13.74 and 13.75 on Live Capture of Cetaceans from the Wild for Commercial Purposes called on the Secretariat to collect information from the Parties on the implementation of the Best Practice Guidelines relating to this issue.
European Eels
Decisions 13.76– 13.79 on European eels direct Parties that are range States to provide guidance to the Secretariat. The Secretariat will turn this information over to the Standing Committee, which will (with expertise and funding from intergovernmental and non-governmental organisations) adopt a draft action plan, to be considered by the 52nd or 53rd meeting of the Standing Committee or (if not finalised in time) by COP-14.
Global Programme of Work for Cetaceans
In Decisions 13.80– 13.83, COP-13 asks Parties to liaise with the Secretariat regarding the potential for the development of an action plan for the cetaceans in the Red Sea region. The plan will be reviewed by the Aquatic Mammals Working Group, focusing on regional threats to CMS-listed aquatic mammals not included in the Global Programme of Work for Cetaceans. It is hoped that this information will be in the hands of the Scientific Council in time for it to provide recommendations to COP-14. The decisions also call for consultation of the Red Sea range States to investigate the potential for the development of an action plan for the cetaceans in that region.
Terrestrial Species
Joint CITES-CMS-African Carnivores Initiative
COP-13 recognised that the African carnivores – the African wild dog, cheetah, African leopard and lion – should be conserved for future generations, as these species constitute common heritage and are part of the identity of the African continent. The Conference expressed concern that the IUCN Red List Assessments show that populations of all these African carnivores are in decline in most of their range in Africa. These species share common threats and pressures, including habitat loss and fragmentation, conflict with humans, depletion of the prey base, and unsustainable or illegal utilisation practices, which require urgent attention and can be addressed jointly for all four species.
In Resolution 13.4, COP-13 calls for implementation of the Joint CITES-CMS-African Carnivores Initiative through a programme of work providing concrete, coordinated and synergistic conservation activities for all four species across their respective ranges. To this end, it called on the Secretariat to convene regular meetings of range States in cooperation with CITES to assess the implementation of the programme of work and encourages Parties, intergovernmental and non-governmental organisations, and donors to contribute to the objectives of the Initiative.
In support of that resolution, Decisions 13.86 and 13.87 directed the Secretariat to work with CITES to include the African Carnivores Initiative in the proposals for the new CMS-CITES joint work programme for the period 2021– 2025. These decisions included different specifications for particular species included in the work programme. For example, they asked the Standing Committee to review and approve the draft programme of work; with regard to the African lion, also urging all Parties, as well as governmental, intergovernmental and non-governmental organisations, donors and other entities, to support its range States and the Secretariat in their efforts to conserve and restore this iconic species across the continent. With regard to the cheetah and African wild dog, they encouraged Parties to act within communities to develop and implement strategies that reduce livestock depredation by the cheetah and African wild dog.
Conservation of the African Wild Ass
The critically endangered African wild ass is likely to go extinct in the wild without immediate and decisive intervention, due to unabated threats to the species, such as limited access to drinking water and lack of forage, recurrent and extreme droughts throughout the range, and its being hunted for food and medicinal purposes in some parts of the range. The species has a maximum of 200, and possibly as few as 50, mature individuals left in the wild, and has experienced an approximate 90 percent decline over its range since the 1980s. It was once a widespread species across northern Africa and the Horn of Africa, and an intrinsic part of the ecosystem in that region.
Resolution 12.18 (Rev.COP-13), as revised by COP-13, requested that Ethiopia and Eritrea monitor their existing populations of the African wild ass. It also details the Secretariat to monitor the implementation of the earlier adopted “Roadmap for the Conservation of the African Wild Ass”. 8
In its amendments to Decision 12.71, COP-13 also directed Djibouti, Egypt, Somalia and Sudan to conduct research into whether naturally occurring extant populations of African wild ass remain in their territories.
African Elephant Action Plan
COP Decisions 13.99 and 13.100 request the Signatories of the CMS Memorandum of Understanding (MoU) concerning Conservation Measures for the West African Populations of the African Elephant, to consider replacing their work programme with CMS’s African Elephant Action Plan.
Sahelo-Saharan Megafauna
The many populations of large mammalian fauna species of the arid lands of North Africa and Eurasia are threatened and in a profoundly unsatisfactory, and often critical, state of conservation. These arid lands are home to exceptional natural and cultural heritage, reflecting and interacting with unique migration phenomena, making them important areas for the action of the Convention.
Resolution 9.21, as revised by COP-13, renews the COP’s urging of Parties to apply an ecosystem approach and strengthen efforts to conserve and restore habitats for Sahelo-Saharan megafauna and invites non-Party range States to support the Concerted Action for Sahelo-Saharan Megafauna adopted by COP-13. 9 In Decision 13.101, COP-13 directed the Scientific Council and the Secretariat to examine the possibility of extending the area of that Concerted Action to include the deserts of the Horn of Africa and associated biomes.
Central Asian Mammals Initiative (CAMI)
Large mammal migrations, in one of the last remaining regions supporting long-distance movements (the Central Asian plains and mountains), are severely threatened by overexploitation of wildlife as well as exploitation of minerals and other natural resources. The habitats upon which large mammals depend are becoming lost, degraded and fragmented at an unprecedented rate. Extractive industries and linear infrastructure can have a particularly detrimental impact on the conservation status of migratory mammals and may cause direct mortality and fragmentation of habitats, disrupting essential movement from one place to another.
There is an urgent need to mitigate the direct and indirect impacts on migratory mammals from linear infrastructure, including from increased human habitation and associated poaching along infrastructure routes, since migratory species and their habitats provide essential ecosystem services as well as cultural heritage value and economic benefits, for instance, through sustainable use and tourism, and many human communities directly and indirectly rely on the availability of large mammal species and on intact ecosystems for their livelihoods.
Resolution 11.24, as revised by COP-13, adopted the Programme of Work 2021– 2026 for CAMI, agreeing that the Gobi bear (Ursus arctos isabellinus), the Urial sheep (Ovis vignei) and the Persian leopard (Panthera pardus saxicolor) should be included in CAMI. That Resolution urges Parties to implement conservation actions for the identified transboundary conservation hotspots; requests Parties and invites all range States, partner organisations, donors and the private sector to engage in CAMI and to provide financial or in-kind resources; and calls upon range States to strengthen their transboundary cooperation, inter alia, by using existing international and regional fora.
Other Actions
In addition to the resolutions and decisions cited above, COP-13 considered a range of financial and administrative matters, and adopted a short-term programme of work, covering the intersessional period between COP-13 and COP-14. Both of these matters are reflected in resolutions.
In addition, the COP adopted a Resolution interpreting (and essentially overwriting) pre-existing rules and procedures for preparing and assessing listing amendment proposals (Resolution 13.7). That Resolution interprets/defines terms, deciding, for example, that “the term ‘endangered’ in Article I, paragraph 1(e), of the Convention” means “facing a very high risk of extinction in the wild in the near future”. 10
It went on to note that
in applying the interpretation of the term “endangered”, the following general principles should apply: a) The restriction of the listing of species in Appendix I to those which are “endangered” applies to the consideration of future proposals, but not necessarily retrospectively to species already listed; b) Bearing in mind that Article III, paragraph (3)(b) of the Convention provides that a migratory species may be removed from Appendix I when it is determined that the species is not likely to become endangered again because of loss of protection due to its removal from Appendix I, and referring to the interpretation of the term “endangered” provided in this Resolution, species categorized by the International Union for Conservation of Nature (IUCN) Red List Categories and Criteria (Version 3.1, second edition) as ‘Extinct in the Wild’, ‘Critically Endangered’, or ‘Endangered’ using the IUCN Red List criteria should be retained in Appendix I.
The Resolution also refers to the “precautionary approach” in calling on Parties to “act in the best interest of the conservation of the species concerned and, when considering proposals to amend Appendix I or II, adopt measures that are proportionate to the anticipated risks to the species”. It emphasises the importance of specificity, noting that listings should focus on “species or lower taxa”, and that higher taxa listings that already exist “need only be identified when Agreements are prepared pursuant to Article IV of the Convention”. It also includes clarifications of other matters – e.g., which States are “Range States” of a listed species and how the formats and procedures apply to listing proposals – and urges special attention to listing “species from regions of the world currently under-represented in the Appendices”. In support of this resolution, the COP also adopted a decision calling on the Scientific Council to “develop, as practical guidance for CMS Parties, interpretations for when the terms ‘Range State’ and ‘vagrant’ apply” (Decision 13.140). Resolution 13.8 discusses procedures applicable regarding a country’s posting national reservations with regard to a particular listing.
In light of current challenges, COP-13 did not adopt a decision regarding its next meeting date or location.
Footnotes
For information about CMS COP-13, see https://www.cms.int/en/meeting/thirteenth-meeting-conference-parties-cms. The draft report of the meeting is available at https://www.cms.int/en/document/draft-report-13th-meeting-conference-parties-cms. The ENB summary report of the meeting is available at https://enb.iisd.org/download/pdf/enb1883e.pdf. COP-13 Press releases are available at https://www.cms.int/en/news/press-releases. An overview of COP-13 major topics is available at 
.
All Resolutions in effect after COP-13 are available at https://www.cms.int/en/documents/cop-resolutions. All Decisions in effect after COP-13 are available at .
CMS Resolution 13.1.
COP-13 adopted concerted actions on other species as well, to wit: the nut-cracking populations of the West African chimpanzees (Pan troglodytes verus) (discussed below); the Giraffe (Giraffa camelopardalis); the Sahelo-Saharan megafauna; the Irrawaddy dolphin (Orcaella brevirostris); the Ganges river dolphin (Platanista gangetica gangetica); the Harbour porpoise (Phocoena phocoena) in the Baltic Sea and the Iberian Peninsula; the Common guitarfish (Rhinobatos rhinobatos), the Largetooth sawfish (Pristis pristis) and the Smalltooth sawfish (Pristis pectinata); and the Bottlenose wedgefish (Rhynchobatus australiae). Concerted Actions of the CMS COP are posted online at .
Resolution 11.17 (Rev.COP13)/Rev.1 (Action Plan for Migratory Landbirds in the African-Eurasian Region (AEMLAP)) and Resolution 11.17 (Rev.COP13)/Rev.1/Annex.
Although there may be no direct physical links between a flyway’s component parts, the populations of birds using them provide themselves an ecological link.
See supra, note 5.
The Resolution also interpreted the meaning of the word “cyclically” in the Convention’s definition of “migratory species” in Article I.1(a), stating that it “relates to a cycle of any nature, such as astronomical (circadian, annual etc.), life or climatic, and of any frequency”; and determined that its companion word “predictably”, as used in the same clause, “implies that a phenomenon can be anticipated to recur in a given set of circumstances, though not necessarily regularly in time”.