Though shark finning is illegal in U.S. waters, shark fins continue to be imported to and exported from the U.S. Many countries do not regulate shark finning, making it very likely that fins coming into the U.S. are from sharks that have been finned. Due to the complexity of the shark fin trade, fins are not necessarily harvested by or produced in the same country from which they are exported.
Only 13 states currently prohibit the shark fin trade outright. California, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New York, Oregon, Rhode Island, Texas, Nevada, Washington and three territories American Samoa, Guam, and the Northern Mariana Islands have enacted laws that prohibit shark fin trade outright, making it illegal to sell, trade, or possess shark fins within their borders.
However, laws have not stopped restaurants in at least 10 of these states from serving shark fin soup. According to the Animal Welfare Institute, “in Texas and most other states, prison sentences for shark fin transgressions are rare and usually don’t exceed six months for a first offense. Fines are usually less than a thousand dollars. By contrast, a single pound of dried shark fin can sell for $400, and shark fin soup can command anywhere from $50 to $200. Shark fin is banned in 12 U.S. states—but it’s still on the menu.1
Laws & Loopholes
In 2000, Congress passed the Shark Finning Prohibition Act, which made it unlawful to possess a shark fin in U.S. waters without a corresponding carcass. The fin-to-carcass ratio whereby the total weight of the fins must not exceed a certain percentage of the total weight of the carcasses allowed fisherman to flout the law by mixing and matching bodies and fins from various sharks. This made enforcement very difficult, since it is nearly impossible for enforcement officials to determine what species fins are from once they are removed from the body. The consensus of scientists, conservationists, and enforcement officials is that the only way to effectively enforce a shark finning ban is to require that if sharks are fished, they must be brought to shore with their fins naturally attached.
Recognizing this loophole, the federal government passed the Shark Conservation Act (SCA) in 2010. This law strengthens the nation’s shark finning ban by requiring fishermen in U.S. waters to bring sharks ashore with fins naturally attached. While the SCA prohibits anyone under U.S. jurisdiction from engaging in finning, consumers have largely turned to international markets for fin imports. Moreover, fins from sharks caught in U.S. waters continue to be sold after they are detached on land, thereby fueling demand for the product.
Proposed Legislation
Currently, there are two US Congressional bills in the House of Representatives.
- H.R 737 Shark Fin Sales Elimination Act of 2019
Introduced in House: 01/23/2019 by Rep. Sablan, Gregorio Kilili Camacho [D-MP-At Large] This is a bill supported by Oceana.
Co-sponsors: (150)
Latest Action: 02/11/2019 Referred to the Subcommittee on Water, Oceans, and Wildlife.
Overview: The bipartisan Shark Fin Sales Elimination Act (H.R. 737), introduced by Congressmen Gregorio Kililli Sablan (I-MP) and Michael McCaul (R-TX), prohibits the possession, sale and trade of shark fins and shark fin products in the United States. A national prohibition is a practical way to improve enforcement of the current ban on finning sharks in U.S. waters, reinforce the status of the United States as a leader in shark conservation, and bring the world closer to ending the devastating trade in shark fins. There is an exemption for smooth and spiny dogfish which means any U.S. fisherman can possess, offer for sale, sell, or purchase any fresh or frozen raw fin or tail from any stock of the species Mustelus canis (smooth dogfish) or Squalus acanthias (spiny dogfish).
This bill still allows U.S. fishermen to fish sustainably for sharks but not to sell their fins except from two dogfish species mentioned above.
Cons: Robert Hueter, director of the Center for Shark Research at Mote Marine Laboratory, feels this bill is a simplistic approach. He says that a nationwide ban would just drive the shark fin market underground and result in fins from sustainably harvested sharks being wasted thus hurting U.S. fishermen.
Pros: Though the U.S. is a small percentage in the trade in fins, this bill will set the stage and be a leader in a ban for shark fins worldwide. Peter Knights, CEO of WildAid, says that a U.S ban on shark fin sales would send a message that selling and consuming shark fin soup is no longer acceptable. The sale of shark fin, he says, continues to increase pressure on sharks worldwide.
Take Action: We are specifically looking for anyone that lives in Congresswomen Nydia Velasquez district (NY-7). The district includes the Queens neighborhoods of Maspeth, Ridgewood, and Woodhaven; the Brooklyn neighborhoods of Brooklyn Heights, Boerum Hill, Bushwick, Carroll Gardens, Cobble Hill, Dumbo, East New York, East Williamsburg, Greenpoint, Gowanus, Red Hook, Sunset Park, and Williamsburg; and parts of Manhattan’s Lower East Side and East Village.
- H.R 788 Sustainable Shark Fisheries and Trade Act of 2019
Introduced in House: 01/24/2019 by Rep. Daniel Webster (R-FL-11) This is a bill supported by WCS.
Co-sponsors: (16)
Latest Action: 02/07/2019 Referred to the Subcommittee on Water, Oceans, and Wildlife.Overview: The purpose of this Act is to establish a certification process to ensure that foreign nations engaging in shark trade into or through the United States conserve and manage populations of sharks in a manner that is comparable to regulatory programs in the United States and that effectively prohibits the practice of removing shark fins and discarding the carcass at sea.
Cons: Enforcing the regulations and setting up the parameters could take quite a long time. Ensuring that fins are actually procured in a sustainable manner could be difficult to confirm.
Pros: This would let U.S. fishermen sell all fins from any sustainable source caught in U.S. waters so nothing would be wasteful. Would not penalize U.S. fishermen for catching sustainably caught sharks.
What You Can Do
U.S. Resident: Let your representatives know which shark legislation you support. Press for enforcement of current shark conservation laws and push for stricter penalties for violations. FIND YOUR REP HERE
Visitor to the U.S: Do not patronize any establishment that continues to serve shark fin soup. Do not participate in or patronize mako fishing tournaments and do not consume mako shark steaks (Mako sharks are listed as vulnerable on the IUCN Red List). Do not purchase any souvenirs containing shark parts including but not limited to: shark teeth, jaws and bodies in jars.
Places To Dive With Sharks
- California (San Francisco, San Diego) – Great white sharks
- Florida (Florida Keys) – lemon sharks, reef sharks, tiger sharks, hammerhead sharks, bull sharks, black tip, mako, dusky, nurse
- Hawaii (Oahu)- Galapagos sharks, sandbar, grey reef, tiger, hammerhead, silkies
- Massachusetts (Cape Cod) – blues, makos, threshers, great whites, basking sharks
- New York (Montauk) – blue, mako, great whites
- North Carolina – sand tiger sharks
- Rhode Island – blue, mako
- South Carolina (Myrtle Beach) – sand tiger sharks
1 Shark fin is banned in 12 U.S. states—but it’s still on the menu