Saving Seafood

Challenge to California’s shark-fin ban fails in U.S. Supreme Court

May 24, 2016 — California’s ban on the possession and sale of shark fins survived a legal challenge Monday when the U.S. Supreme Court rejected an appeal by Bay Area suppliers and sellers of shark fin soup, a traditional dish in the Chinese American community.

Federal law prohibits shark “finning,” the removal of fins from sharks, but does not forbid possessing or selling shark fins. California lawmakers went a step further with a statute that took effect in July 2013 and had the impact of removing shark fin soup from restaurant menus.

Restaurant owners and shark fin suppliers, joined by Chinese American community organizations, argued that the state was exceeding its authority and was interfering with a commercial fishing market that the federal government had intended to preserve. But a federal appeals court ruled in July 2015 that the federal laws recognize the importance of conservation and allow states such as California to adopt their own protective measures.

Read the full story at SFGate

Hearings upcoming about proposed shark fin removal rules

May 20, 2016 — OLD LYME, Conn. — Interstate fishing regulators have scheduled public hearings about changes to rules that govern removal of fins from coastal sharks by fishermen.

The Atlantic States Marine Fisheries Commission is set to consider an amendment that would allow fishermen to bring smooth dogfish to land with fins removed as long as their total retained catch is at least 25 percent dogfish.

Read the full story from the Associated Press at the New Jersey Herald

ASMFC Coastal Sharks Board Approves Smooth Dogfish Draft Addendum for Public Comment

May 6, 2016 — The following was released by the Atlantic States Marine Fisheries Commission:

Alexandria, VA – The Atlantic States Marine Fisheries Commission’s Coastal Sharks Management Board approved Draft Addendum IV to the Interstate Fishery Management Plan (FMP) for Coastal Sharks for public comment. The purpose of the Draft Addendum is to maintain consistency between federal and state FMPs, where possible, and to better incorporate into state regulations the intent of the limited fins-attached exception for smooth dogfish in the Shark Conservation Act of 2010.

Under current regulations, commercial fishermen with only a state commercial fishing license can land smooth dogfish with corresponding fins removed from the carcass. The Draft Addendum proposes amending the FMP to allow smooth dogfish carcasses to be landed with corresponding fins removed from the carcass as long as the total retained catch (all species), by weight, is composed of at least 25 percent smooth dogfish. This option is consistent with the federal catch composition requirement, which was included in NOAA Fisheries’ final rule for Amendment 9.

It is anticipated some states will hold public hearings on Draft Addendum IV; a subsequent press release on the public hearing schedule and Draft Addendum availability will be distributed once state hearings have been scheduled.

Costa Rica government vows to no longer support international shark protections

October 14, 2015 — Environmental groups are outraged by new agreements between the Costa Rican government and the fishing industry which they say will roll back protections for endangered and threatened shark species.

The government says the new measures will guarantee that local fishermen can make a living.

According to a letter outlining the agreements, sent by Presidency Minister Sergio Alfaro to Costa Rican conservation groups, the government will no longer “propose or support” international protections for shark species considered of commercial interest and will urge international couriers that have banned the shipment of shark fins — like UPS and American Airlines — to resume carrying them.

Conservationists say airlines and other couriers are key pieces in the lucrative international shark fin trade, which has contributed to the sharp decline of several shark species.

Read the full story from The Tico Times

U.S. court upholds California ban on shark fins

July 27, 2015 — SAN FRANCISCO, Calif. — A federal appeals court upheld California’s ban on possession or sale of shark fins Monday, rejecting a challenge by Bay Area suppliers and sellers of shark fin soup, a traditional dish in the Chinese American community.

The law prohibited selling and serving shark fin soup when it took effect in July 2013. Opponents, including restaurants, Chinese American community organizations and shark fin suppliers, argued that the law exceeded the state’s authority and interfered with a commercial fishing market that federal regulations were intended to preserve. Federal laws prohibit shark “finning,” the removal of fins from live sharks, but do not forbid possessing or selling shark fins.

But the Ninth U.S. Circuit Court of Appeals in San Francisco said federal laws on shark fishing recognize the importance of conservation and allow states to adopt their own protective measures, even if they reduce the number of sharks that might otherwise be caught and sold.

“The purpose of the shark fin law is to conserve state resources, prevent animal cruelty, and protect wildlife and public health,” said Judge Andrew Hurwitz in the 2-1 ruling, which upheld a federal judge’s decision in the state’s favor.

Read the full story at San Francisco Chronicle