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Policy Permitting Shark
Finning Overturned
On July 28, 2005 the
Constitutional Court (Sala IV)
Rica ruled that shark fins must
be landed with their fins
attached in natural form,
overturning the policy of the
National Fishery Institute (INCOPESCA)
which had allowed shark fins to
be landed tied on to shark
bodies.
The Costa Rican Fishery Law,
approved on April 25, 2005,
prohibits shark finning and
requires shark fins to be landed
attached to bodies. However,
INCOPESCA, decided in May, 2005
to define “attached” as “tied
on”.
As was quickly pointed out by
national and international shark
experts, including in a
declaration by the IUCN,
allowing fins to be tied on
facilitates shark finning given
that extra fins can very easily
be tied on to each body.
Furthermore, tying fins on makes
inspections at sea or during
landings virtually impossible.
Biologists also pointed out that
when fins come tied on one
cannot guarantee accurate
identification of species, data
which is vital for creation of
shark management and
conservation policies.
In June, the Costa Rican
Ministry of Environment (MINAE)
subsequently requested that the
Constitutional Court rule on the
definition of the phrase
“attached to bodies”.
“PRETOMA, Costa Rican citizens
as well as biologists and shark
researchers in the campaign
against foreign vessels
practicing shark finning applaud
the constant efforts of MINAE to
resolve this issue,” said
Randall Arauz, President of
PRETOMA.
The Constitutional Court states
in its ruling: “The term ‘fins
attached to bodies’ must be
understood to mean attached in
natural form.”
“Allowing fins to be tied on was
just part of INCOPESCA’s
longstanding pattern of
promoting foreign, notably
Taiwanese, shark fin interests,”
said Randall Arauz,
President of PRETOMA.
“During the last four years
INCOPESCA has either failed to
apply regulations against shark
finning or worked to create
loopholes to facilitate shark
finning by foreign vessels.
INCOPESCA shark fishery policies
have been criticized by Costa
Rican citizens, biologists and
fishermen as well as dozens of
marine conservation
organizations from around the
world, and have sadly given our
nation the reputation as one
that promotes foreign shark
finning operations.”
“Just like the passage of the
new Fishery Law, this ruling by
the Constitutional Court is
indeed a positive step for
controlling foreign vessels that
land shark fins in Costa Rica,”
states Noah Anderson of PRETOMA.
“Unfortunately, even these
positive steps are a moot point
while foreign vessels continue
to land at private docks. Only
INCOPESCA has access to inspect
landings at the private docks
and INCOPESCA’s record raises
serious questions as to whether
their objective is to control
foreign shark vessels or
facilitate shark finning. Costa
Rican law actually states
foreign vessels must land at
public docks where the Coast
Guard has free access and laws
can be enforced. Until INCOPESCA
orders foreign vessels to land
at public docks as the law
requires, there will be a
loophole open for foreign
vessels to circumvent any law
and practice shark finning.”
PRETOMA (Programa Restauración
de Tortugas Marinas) is a Costa
Rican non-profit,
non-governmental, marine
conservation organization that
works to promote sustainable
fisheries and protect sea
turtles, sharks and marine
biodiversity. PRETOMA is a
member of the IUCN
(International Union for the
Conservation of Nature) and WSPA
(World Society for the
Protection of Animals). Contact
www.tortugamarina.org.
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