Shark Finning Prohibition Act
Shark Conservation Act of 2009 |
The Shark Finning Prohibition Act was signed into law by
Legislative history
H.R. 5461 was introduced on October 12, 2000, by Rep.
Background
During the congressional discussion, Shark finning was called "one of the most visible and controversial conservation issues in the waters of the Pacific Ocean". While the practice of finning had already been banned in Federal waters of the Atlantic, Gulf of Mexico, and the Caribbean, as well as waters in 11 coastal States, it remained unregulated in the Pacific. This legislation was designed to address that problem.[6]
According to the bill's proponent, the bill was "strongly supported by the Ocean Wildlife Campaign, a coalition that includes the
Provisions
The Act made it illegal to:
- remove any of the fins of a shark (including the tail) and discard the carcass of the shark at sea;
- have custody, control, or possession of any such fin aboard a fishing vessel without the corresponding carcass; or
- land any such fin without the corresponding carcass.
By way of definition, the Act created a "
Court test
During debate on the bill, Del. Eni Faleomavaega (D-AS), had pointed out that nothing in it banned the transshipment of shark fins by American-flagged ships. Vessels that merely bought fins that had been taken by other vessels, a common practice, could not be prosecuted. His concern was resolved with an amendment that relied on the definition of "fishing vessel" in the Magnuson–Stevens Fishery Conservation and Management Act. This included not only those engaged in fishing but vessels that "aided and assisted" such fishing, including the refrigeration, storage and transport of fish. Congress believed that language was sufficient.[7]
Two years later, that belief would be tested in court. In August 2002, the
The KD II was escorted to
To close the loophole, Congress passed the
Legislative summary
Congress | Short title | Bill number(s) | Date introduced | Sponsor(s) | # of cosponsors | Latest status |
---|---|---|---|---|---|---|
106th Congress
|
Shark Finning Prohibition Act | H.R. 5461 | October 12, 2000 | Rep. Randy (Duke) Cunningham (R-CA) | 0 | Became Public Law No: 106-557. |
References
- ^ "2005 Report to Congress Pursuant to the Shark Finning Prohibition Act of 2000" (PDF). National Marine Fisheries Service. Retrieved 1 April 2012.
- ^ Clinton, William J. (December 26, 2000). "Statement on Signing the Shark Finning Prohibition Act - December 26, 2000". Internet Archive. Washington, D.C.: National Archives and Records Service. p. 2782.
- ^ "Bill Summary & Status, 106th Congress (1999 - 2000), H.R.5461". THOMAS. Library of Congress. Retrieved 1 April 2012.[permanent dead link]
- ^ Buckley, Louis (2007). The End of the Line (PDF). WildAid. p. 21. Archived from the original (PDF) on 2011-12-02.
- Discovery News. Retrieved 2009-11-20.
- ^ a b "Congressional Record 106th Congress (1999-2000)". THOMAS. Library of Congress. p. H11571. Archived from the original on December 13, 2012. Retrieved 1 April 2012.
- ^ Rahall, Nick; "Report 100-740, Shark Conservation Act of 2008" (PDF).; United States House Committee on Natural Resources, p. 3; July 8, 2008; retrieved April 1, 2012.
- ^ Raloff, Janet. "No Way to Make Soup—Thirty-two tons of contraband shark fins seized on the high seas". Science News. Retrieved March 25, 2012.
- ^ United States v. Approximately 64,695 Pounds of Shark Fins, 520 F.3d 976, (9th Cir., 2008).
- ^ H.R. 81: Shark Conservation Act of 2009 (GovTrack.us):