--- kind: "section" citation: "50 C.F.R. § 23.61" title: "50" number: "23.61" heading: "What factors are considered in making a non-detriment finding?" url: "https://uscodex.org/cfr/50/23.61" --- # §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)](#d) and [(e)](#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)](#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)](#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)](#c..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. ## Notes ### Authority Authority: Convention on International Trade in Endangered Species of Wild Fauna and Flora (March 3, 1973), 27 U.S.T. 1087; and Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq. ### Source Source: 72 FR 48448, Aug. 23, 2007, unless otherwise noted.