8th Conference of the Parties to the Convention on the Conservation 
of Migratory Species of Wild Animals  -  Issue #4 

EARTH NEGOTIATIONS BULLETIN <[EMAIL PROTECTED]>
PUBLISHED BY THE INTERNATIONAL INSTITUTE FOR 
SUSTAINABLE DEVELOPMENT (IISD) <http://www.iisd.org>

Written and edited by:

Karen Alvarenga de Oliveira, Ph.D. 
Nienke Beintema 
Leonie Gordon 
Elisa Morgera 

Editor:

Pamela S. Chasek, Ph.D. <[EMAIL PROTECTED]>

Director of IISD Reporting Services:

Langston James "Kimo" Goree VI <[EMAIL PROTECTED]>


Vol. 18 No. 25
Thursday, 24 November 2005

Online at http://www.iisd.ca/cms/cop8/ 

CMS COP-8 HIGHLIGHTS:

WEDNESDAY, 23 NOVEMBER 2005 

On Wednesday, 23 November, CMS COP-8 plenary convened briefly in 
the morning, and COW met for the rest of the day. A special 
session to conclude the agreement on the Asian Houbara bustard was 
held in the morning. The budget working group met in the morning 
and afternoon, and a working group on avian influenza convened in 
the evening.

PLENARY

SIGNING OF THE MOU: The Plenary convened in the morning for the 
signing ceremony of the MOU on the Saiga antelope. Following 
signing by Turkmenistan and CMS Executive Secretary Robert 
Hepworth, the Secretariat explained that Uzbekistan will sign the 
MOU at a later stage. Mongolia, the International Council for Game 
and Wildlife Conservation, IUCN and WWF International also signed 
the MOU.

REPORTS: Credentials Committee: El Mastour Abdellah (Morocco), 
Chair of the Credentials Committee, said that, of the 73 parties 
present at COP-8, 54 had presented credentials, 37 of which had 
been accepted. 

Working Groups: Strategic Plan Working Group Chair Olivier Biber 
reported that delegates agreed on resolution 
UNEP/CMS/Res.8.2/Rev.1 on the 2006-2011 strategic plan, amended to 
include text on duplication of MEA activities. 

Sustainable Use Working Group Co-Chair Ian McLean reported that 
delegates agreed to a new draft resolution 
(UNEP/CMS/Res.8.1/Rev.1). Noting that the proposed preamble 
focuses on the Addis Ababa Principles and Guidelines’ (AAPGs) 
potential contribution to the conservation of migratory species, 
he said the group decided against inviting parties to consider 
using AAPGs before the Scientific Council’s consideration. The 
group also decided not to refer to the ecosystem approach or to 
work done within AEWA.

COMMITTEE OF THE WHOLE

CONCERTED ACTIONS: COW considered a draft resolution on concerted 
actions for Appendix I species (UNEP/CMS/Res.8.29), and endorsed 
concerted actions on: the Bactrian camel; the Wild yak; the 
Bukhara deer, subject to the COP’s approval of recommendation 
UNEP/CMS/Rec.8.23 on Central Eurasian aridland mammals; the 
Balearic shearwater; and the Red knot; and broadening the scope of 
existing actions on the Mountain gorilla to include all gorilla 
sub-species.

DEVELOPMENT OF FUTURE AGREEMENTS: The Secretariat tabled a 
consolidated resolution on implementation of existing agreements 
and development of future agreements (UNEP/CMS/Res.8.5), noting 
that it: integrates proposals on developing agreements on, inter 
alia, dugongs and Pacific cetaceans; requests identification of 
lead countries on, amongst others, the anticipated 
recommendation on marine turtles (UNEP/CMS/Rec.8.17) and 
resolution and recommendation on small cetaceans and sirenians 
in West Africa (UNEP/CMS/Res.7.7 and Rec.7.3); and notes that 
the proposed MOU on Monk seals and the action plan on the 
Mongolian gazelle will be outside of the CMS framework. SOUTH 
AFRICA noted lack of progress in developing an agreement on the 
Sand grouse. 

Central Asian Flyway: The Secretariat reported on the development, 
with Wetlands International, of an action plan and legal and 
institutional framework for the Central Asian Flyway (CAF). INDIA 
expressed hope that this would be finalized within the next two 
years, noting range states favored taking advantage of AEWA’s 
existing framework. PAKISTAN proposed language on ensuring the 
uninterrupted flow of water to low altitude states to guarantee 
habitat conducive for migratory species. Noting the approval of 
the draft action plan, WETLANDS INTERNATIONAL reported on the 
incorporation of outstanding information into the annexes. The 
Secretariat said range states’ official approval of the action 
plan would be sought by correspondence.

Sturgeons: The Secretariat explained that since COP-7, the CMS and 
CITES Secretariats had identified sturgeons as a species group for 
collaboration, and Germany had been appointed as the lead country 
on identifying options for future action. CITES proposed text 
urging CITES parties to fully implement CITES resolution Conf.12.7 
on sturgeons.

Cetaceans of the Pacific Islands Region: AUSTRALIA, having 
conferred with Samoa and New Zealand, called for a commitment, 
rather than an intention, of the Secretariat to work closely with 
range states and the Pacific Regional Environment Programme 
(SPREP) to revise the SPREP Whale and Dolphin Action Plan (2003-
2007). 

Gorillas: The Secretariat noted the ongoing work of CMS and range 
states on an appropriate instrument on gorilla survival and 
conservation, highlighting that the consolidated resolution refers 
to the possible expansion of the Mountain gorilla concerted action 
to all gorilla sub-species, supported by the DEMOCRATIC REPUBLIC 
OF CONGO.

COOPERATIVE ACTIONS: The Secretariat introduced a draft 
recommendation on cooperative actions for Appendix II species 
(UNEP/CMS/Rec.8.28), noting that proposed Appendix II listings 
should concern species for which conclusion of an agreement is not 
anticipated during the forthcoming triennium, but that require 
attention in that period. Accordingly, he noted the Scientific 
Council’s suggestion to delete from the list of species designated 
for cooperative actions in 2006-2008: all albatrosses and petrels, 
covered by ACAP; the African penguin, covered by AEWA; and the 
Whale shark, dugongs and South American grassland birds, expected 
to be the subject of a future agreement. He noted the Scientific 
Council’s proposal on African bats, among others, for cooperative 
actions. BIRDLIFE INTERNATIONAL underlined that Northern Pacific 
albatrosses are not covered by ACAP.

RESOLUTIONS AND RECOMMENDATIONS PROPOSED BY PARTIES: SWITZERLAND 
drew attention to a proposed resolution on migratory species and 
highly pathogenic avian influenza. COW Chair Rolph Payet said this 
will be discussed with other crosscutting issues. BANGLADESH drew 
attention to the Asian elephant, and IUCN informed parties of an 
upcoming meeting in Asia on the Asian elephant.

PROPOSED AMENDMENTS TO APPENDICES: Amendments to Appendix I: On 
proposals for amendment of CMS Appendices (UNEP/CMS/Conf.8.16), 
COW endorsed 11 of the 12 proposed species for listing, deciding 
against listing the Maccoa duck, under the Scientific Council’s 
advice (UNEP/CMS/INF.8.5). 

Amendments to Appendix II: COW endorsed 15 of the 16 proposed 
species for listing, postponing consideration of the listing of 
the Rock pratincole following NORWAY’s reservation as to whether 
it fulfills CMS listing criteria. PARAGUAY strongly urged work on 
an MOU on grassland birds. 

Basking shark: On listing the Basking shark, GERMANY, supported by 
MONACO, urged following the precautionary principle and approving 
the proposal. NORWAY made a formal reservation, explaining that 
the listing does not adhere to CMS listing criteria, and that 
using the precautionary principle to conform to public opinion 
would set an unfavorable precedent. Scientific Council Chair Colin 
Galbraith clarified that the Council will discuss the relevance of 
the precautionary principle at a future meeting. The EU, supported 
by AUSTRALIA, WDCS and IUCN, supported listing the Basking shark, 
justified by the endangered status of the Northern Hemisphere 
population according to the IUCN Red List criteria. The EU, on 
behalf of the EC, made a reservation, noting that amending EC 
legislation to include the Basking shark could not meet the 
timeline set by the Convention. Although supporting listing, 
DENMARK made a formal territorial reservation on its application 
to the Faroe Islands, and stressed the mandate of the relevant 
regional fisheries management organizations (RFMOs). NEW ZEALAND 
supported listing, but called for improved listing criteria, and, 
with SENEGAL, for enhanced scientific knowledge. COW Chair Payet 
proposed, and the COW agreed, to let the plenary decide on the 
proposal for listing the Basking shark under Appendices I and II.

CROSSCUTTING ISSUES: By-catch: AUSTRALIA introduced a revised 
draft resolution on by-catch (UNEP/CMS/Res.8.14/Rev.1), including 
the appointment of a by-catch scientific councillor. Many 
delegates expressed their support. MONACO emphasized promoting 
coordination among MEAs, RFMOs and other international bodies. 
ARGENTINA cautioned against preconditioning other fora with 
different mandates. SOUTH AFRICA proposed that CMS parties 
require, rather than prioritize, funds for the implementation of 
by-catch solutions.

Climate change: The UK presented a revised resolution on climate 
change and migratory species (UNEP/CMS/Res.8.13/Rev.1). AUSTRALIA 
suggested inserting text on consultation with the UN Framework 
Convention on Climate Change (UNFCCC).

Avian influenza: SWITZERLAND tabled a draft resolution, endorsed 
by the Scientific Council and co-sponsored by France, on migratory 
species and highly pathogenic avian influenza (UNEP/CMS/Res.8.27) 
as an emerging issue. COW Chair Payet convened a working group to 
examine the draft.

OUTREACH AND COMMUNICATION: The Secretariat presented a draft 
resolution on the CMS outreach and communication plan 
(UNEP/CMS/Res.8.8), supported by the EU and WDCS. AUSTRALIA 
expressed concern about budgetary implications.

COOPERATION WITH OTHER ORGANIZATIONS: The Secretariat introduced 
resolutions on cooperation among the biodiversity-related 
conventions (UNEP/CMS/Conf.8.15 and Res.8.11), and on synergies 
between CBD and CMS (UNEP/CMS/Res.8.18), noting that the latter 
resolution provides guidance on including migratory species 
considerations in national biodiversity strategies and action 
plans, and CBD work programmes. 

WORKING GROUPS

BUDGET: In the morning, Executive Secretary Hepworth informed 
participants that Chair Herrenschmidt was carrying out informal 
consultation on the budget. In the afternoon, delegates discussed 
a new budget document tabled by the Secretariat, assessing the 
saving options on measures to improve the financial position of 
the CMS Trust Fund (UNEP/CMS/Conf.8.19). 

AVIAN INFLUENZA: In the evening, a working group co-chaired by 
Reinhard Schnidrig (Switzerland) and Ward Hagemeijer (Wetlands 
International), decided to include language in the draft 
resolution asking the Scientific Council to examine the role of 
migratory species in transmitting diseases in general, and on 
seeking cooperation with CBD to consider using the Clearing-House 
Mechanism to facilitate risk assessment and reduction. 

Both working groups will reconvene on Thursday.

ASIAN HOUBARA BUSTARD SPECIAL SESSION

CMS Executive Secretary Hepworth introduced the special plenary 
session on the Asian Houbara bustard agreement (UNEP/CMS/HB/1 to 
7 and Inf.1 to 5), with the purpose of finalizing the agreement’s 
text, to be formalized during a successive meeting in the region. 
The plenary elected Hany Tatwany (Saudi Arabia) as chair of the 
special session. On ALGERIA’s question about the exclusion of the 
North African population of the Houbara bustard, Chair Tatwany 
clarified that this population is not migratory according to CMS 
criteria. INDIA stressed the need for sound scientific information 
on long-term population trends.

On the proposed agreement text (CMS/HB/4), IRAN noted its 
intention to submit amendments to its provisions on the 
agreement’s scope, general conservation measures and the technical 
committee. Chair Tatwany, the Secretariat and the INTERNATIONAL 
ASSOCIATION FOR FALCONRY AND CONSERVATION OF BIRDS OF PREY urged 
parties not to delay signature. The UNITED ARAB EMIRATES and SYRIA 
expressed their willingness to sign the agreement with minor 
amendments to be incorporated post-signature. On the draft action 
plan (UNEP/CMS/HB/5), INDIA and LIBYA noted their intention to 
submit amendments. YEMEN indicated its intention to sign the 
agreement after ratifying CMS, but the Secretariat explained that 
CMS membership is not necessary for signing an agreement. MOROCCO 
urged delegates to reach a similar agreement on the African 
Houbara bustard. Chair Tatwany said the Asian Houbara bustard 
agreement will be revisited by the plenary on Friday.

IN THE CORRIDORS

As COP-8 rounded the halfway buoy, corridors were abuzz with the 
conservation of cetaceans and sharks. Some delegates preferred 
keeping the mandate of CMS and RFMOs and other relevant 
international organizations separate, while others welcomed the 
Convention’s involvement as the only conservation-centered global 
treaty that can protect marine mammals and sharks. While one 
delegate reminisced about the passionate debates on the Great 
White shark during COP-7, talks continued over drinks at a “whale 
of a party” hosted by WDCS in the grounds of Gigiri.




This issue of the Earth Negotiations Bulletin © <[EMAIL PROTECTED]> is 
written and edited by Karen Alvarenga de Oliveira, Ph.D., Nienke 
Beintema, Leonie Gordon, and Elisa Morgera. The Digital Editor is 
Dan Birchall. The Editor is Pamela S. Chasek, Ph.D. <[EMAIL PROTECTED]> 
and the Director of IISD Reporting Services is Langston James 
“Kimo” Goree VI <[EMAIL PROTECTED]>. The Sustaining Donors of the 
Bulletin are the Government of the United States of America 
(through the Department of State Bureau of Oceans and 
International Environmental and Scientific Affairs), the 
Government of Canada (through CIDA), the Swiss Agency for 
Environment, Forests and Landscape (SAEFL), the United Kingdom 
(through the Department for International Development - DFID), the 
Danish Ministry of Foreign Affairs, the Government of Germany 
(through the German Federal Ministry of Environment - BMU, and the 
German Federal Ministry of Development Cooperation - BMZ), the 
Netherlands Ministry of Foreign Affairs, the European Commission 
(DG-ENV), and the Italian Ministry of Environment. General Support 
for the Bulletin during 2005 is provided by the United Nations 
Environment Programme (UNEP), the Government of Australia, the 
Austrian Federal Ministry of Agriculture, Forestry, Environment 
and Water Management, the Ministry of Sustainable Development and 
the Ministry of Foreign Affairs of Sweden, the Ministry of 
Environment and the Ministry of Foreign Affairs of Norway, the 
Ministry of Environment and the Ministry of Foreign Affairs of 
Finland, SWAN International, the Japanese Ministry of Environment 
(through the Institute for Global Environmental Strategies - IGES) 
and the Japanese Ministry of Economy, Trade and Industry (through 
the Global Industrial and Social Progress Research Institute - 
GISPRI). Funding for translation of the Earth Negotiations 
Bulletin into French has been provided by the International 
Organization of the Francophonie (IOF) and the French Ministry of 
Foreign Affairs. Funding for the translation of the Earth 
Negotiations Bulletin into Spanish has been provided by the 
Ministry of Environment of Spain. The opinions expressed in the 
Earth Negotiations Bulletin are those of the authors and do not 
necessarily reflect the views of IISD or other donors. Excerpts 
from the Earth Negotiations Bulletin may be used in non-commercial 
publications with appropriate academic citation. For information 
on the Bulletin, including requests to provide reporting services, 
contact the Director of IISD Reporting Services at <[EMAIL PROTECTED]>, 
+1-646-536-7556 or 212 East 47th St. #21F, New York, NY 10017, USA. 
The ENB Team at CMS COP-8 can be contacted at the Press Room 
("Fishbowl") on the first floor of the Conference area in Gigiri, 
UNON, or by e-mail at <[EMAIL PROTECTED]>.

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