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PAGE ONE :: WORLD NEWS :: ECO

Shark finners 1, USA 0

Powered by CDNN - CYBER DIVER News Network
by GREG MORAN

Shark fishing
Although vital to the health of marine ecosystems, many shark species are endangered due to threats from commercial shark fisheries and dive industry-endorsed shark feeders who manipulate sharks with bait for thrill-seeking scuba divers and underwater photographers.

SAN FRANCISCO, California  (18 Mar 2008) — A Hong Kong shipping company should not have been forced to give up the proceeds from 32 tons of shark fins seized by the U.S. Coast Guard on the open seas in 2002, a federal appeals court ruled yesterday.

The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco undercuts what was billed at the time as the biggest case against the practice of shark finning, which is banned under U.S. law.

It also means the government would have to return $618,956 – the market value of the 64,695 pounds of fins seized aboard the vessel King Diamond II in August 2002. The boat was taken to San Diego.

Shark fins are a highly sought commodity in many Asian cuisines. The fins provide a gelatinous texture to shark fin soup that can sell for $100 a bowl in some countries.

Animal activists and other critics abhor the practice of shark finning, calling it barbaric. Live sharks are caught and have their fins cut off and then are dumped into the ocean, where they sink and die.

The appellate court ruled that the seizure and subsequent forfeiture of the money was wrong, because the boat was not a "fishing vessel" as defined by federal law.

The King Diamond II was chartered out of Honolulu by the Hong Kong company and sailed into international waters in June 2002. It met with about 20 fishing vessels there and purchased the shark fins.

In August, the Coast Guard boarded the boat. Under the anti-shark finning law passed by Congress in 2000, fishing boats with shark fins – but no carcasses – are presumed to have broken the law.

Federal prosecutors then filed a civil complaint seeking forfeiture of the fins. The government eventually agreed to let the company have the fins after it posted a bond for their value.

In June 2005, U.S. District Judge Barry Ted Moskowitz ruled in San Diego for the government, concluding the ship was a fishing vessel under the law because it aided and assisted foreign fishing boats.

Bryan Y.Y. Ho, the lawyer for the shipping company, had argued that under the language of the federal law, the boat did not qualify as a fishing vessel because it did not do any actual fishing, nor help any boats that were fishing.

Yesterday, appeals court Judge Stephen Reinhardt agreed with Ho. Reinhardt wrote that buying the shark fins did not aid the other boats in their fishing efforts and that "the mere act of purchasing does not constitute an act of aiding and assisting a seller."

A lawyer for the U.S. Attorney's Office in San Diego said the decision still was being reviewed and the government was weighing its next step.

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    ENDANGERED SPECIES - Sharks, Rays, Skates, Sawfish

    (Editors note: This is not a complete list)

    Name: Angular angel shark (Squatina guggenheim).
    Status: endangered.
    Where: western South Atlantic coastal waters from Southern Brazil to Northern Argentina.
    Reasons: bycatch by gillnet and bottom trawling fisheries.

    Name: Barndoor skate (Raja laevis).
    Status: endangered.
    Where: northwest Atlantic.
    Reasons: overfishing.
    Other: has been extirpated from large parts of its range in Canadian Atlantic and New England coastal waters

    Name: Basking shark (Cetorhinus maximus).
    Status: endangered.
    Where: Atlantic, Pacific, Australian and New Zealand coastal waters.
    Reasons: overfishing, bycatch.
    Other: some local populations have declined up to 80 percent.

    Name: Borneo shark (Carcharhinus borneensis).
    Status: critically endangered or already extinct.
    Reasons: overfishing.
    Where: Pacific Asian coastal waters.

    Name: Common sawfish (Pristis pristis).
    Status: critically endangered or already extinct.
    Reasons: bycatch.
    Where: Atlantic, Mediterranean and Black Seas.
    Other: once common in the Mediterranean and eastern Atlantic, but is now extirpated from Europe waters and the Mediterranean along with all other sawfishes.

    Name: Dusky shark (Carcharhinus obscurus).
    Status: endangered.
    Where: coastal waters worldwide.
    Reasons: overfishing.

    Name: Freshwater sawfish, Great-tooth sawfish (Pristis microdon ).
    Status: critically endangered.
    Where: Indian Ocean and west Pacific coasts, lagoons and estuaries; freshwater lakes, ponds, rivers and streams.
    Reasons: overfishing, habitat loss and degradation.

    Name: Ganges shark (Glyphis gangeticus).
    Status: critically endangered.
    Where: Ganges-Hooghly river system, India and Pakistan.

    Name: Great white shark (Carcharodon carcharias).
    Status: endangered.
    Where: worldwide.

    Name: Green sawfish (Pristis zijsron).
    Status: endangered.
    Where: Indian and west Pacific coastal waters and lower reaches of rivers.
    Reasons: overfishing, bycatch.

    Name: Grey nurse shark (Carcharodon carcharias).
    Status: critically endangered.
    Where: Australia.
    Reasons: overfishing.

    Name: Largetooth sawfish (Pristis perotteti).
    Status: critically endangered.
    Where: Indian Ocean and west Pacific coasts, lagoons and estuaries; freshwater lakes, ponds, rivers and streams.
    Reasons: overfishing, bycatch, habitat loss and degradation.

    Name: Night shark (Carcharhinus signatus).
    Status: endangered.
    Reasons: overfishing.

    Name: Pincushion ray (Urogymnus ukpam).
    Status: endangered.
    Where: coasts, lagoons and estuaries, and freshwater lakes, ponds, rivers and streams of Congo, Gabon, and Nigeria.

    Name: Sandbar shark (Carcharhinus plumbeus).
    Status: critically endangered.
    Where: worldwide.
    Reasons: overfishing.
    Other: western Atlantic population has been reduced by 85-90% in just ten years by overfishing.

    Name: Sand tiger shark (Carcharias taurus).
    Status: endangered.
    Where: Australia.
    Reasons: overfishing.

    Name: Silver shark (Balantiocheilos melanopterus).
    Status: endangered.
    Where: Indonesia, Malaysia, and Thailand.
    Reasons: overfishing.
    Other: a freshwater shark.

    Name: Smalltooth sawfish, Wide sawfish (Pristis pectinata).
    Status: critically endangered.
    Where: Atlantic Ocean, Mediterranean and Black Sea coasts, lagoons, and estuaries, and freshwater lakes, ponds, rivers and streams.
    Reasons: overfishing and loss of habitat.
    Other: wholly or nearly extirpated from large areas of its former range in the North Atlantic (Mediterranean, US Atlantic and Gulf of Mexico) and Southwest Atlantic coast.

    Name: Smoothback angel shark (Squatina occulta).
    Status: endangered.
    Where: western south Atlantic shelf waters (Brazil to Uruaguay.
    Reasons: bycatch by gillnet and bottom trawling fisheries.

    Name: Speartooth shark (Glyphis glyphis).
    Status: endangered.
    Where: Indo-Pacific coastal waters.
    Reasons: development, overfishing and habitat destruction.

    Name: Spiny dogfish (Squalus acanthias).
    Status: endangered.
    Where: temperate oceans worldwide.
    Reasons: overfishing.

    Name: Whale shark (Rhincodon typus).
    Status: endangered.
    Reasons: overfishing.

    Name: Whitefin topeshark (Hemitriakis leucoperiptera).
    Status: endangered.
    Where: Philippine coastal waters.
    Reasons: overfishing.

     

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