Abstract
Thousands of sharks are cruelly killed worldwide every day due to the lucrative shark finning trade. This practice is negatively impacting marine life, as sharks are the greatest ocean predators and maintain the delicate balance of the marine ecosystem. Shark finning consists of removing the fins and discarding the rest. The sharks are alive during the process, and when tossed back into the water without fins they cannot swim, thus sinking to the depths where they asphyxiate and / or are devoured by other fish. The fins are primarily consumed in China, Hong Kong, Taiwan, and Asian communities elsewhere in the world for making shark-fin soup. Efforts to stop the practice of shark finning vary, ranging from demanding fisheries to bring sharks to land before removing the fins, to prohibiting the trade of shark products, to the total ban of shark fishing. Legislation varies significantly between countries and states, ranging from zero to absolute protection, whereby absolute means prohibiting the possession, sale, importation and exportation of shark fins. The economic implications of the shark-fin trade are considerable, which renders the application of laws and regulations very difficult. However, the increasing business of diving with sharks offers an alternative that shows us that the value of a living shark is far greater than when it is sold for parts. Analyzing legislation from the United States, as well as international legislation, aims to show its weakness when it comes to efforts to protect sharks, and in particular the application of the concept of shark welfare when legislating in their favor. The case study will focus on the Kristin Jacobs Ocean Conservation Act, investigating and analyzing the legal efforts made in the state of Florida (USA) to stop shark finning, and analyzing the legal implications for shark welfare.
Highlights
For over 400 million years, sharks have been swimming the oceans as the trophic apex predator of the marine ecosystem, maintaining its health
The port of Miami is currently the largest port for the landing of shark fins in the United States, “and shark fins from Central America often pass through Miami International Airport on their way to Hong Kong, according to data supplied by the private trade data aggregate Import Genius.”65 This happened since Texas and California tightened restrictions on importing and exporting shark fins, so the shark fin business moved to Florida
After much publicity about the matter, especially from the famous Chinese star basketball player Yao Ming, who partnered with the anti-wildlife trade organization Wild Aid in 2011, more people became aware of shark fin soup and the irreversible damage was done to the marine ecosystem
Summary
For over 400 million years, sharks have been swimming the oceans as the trophic apex predator of the marine ecosystem, maintaining its health. International organizations have created legal instruments to preserve sharks and stop the rapid decline of their populations, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which has included some shark species in their Appendixes I and II Despite all these attempts, the lack of enforcement and legal loopholes permit shark finning to continue, and shark deaths are increasing year by year. This situation leads us to think that we might need to tackle this problem from another perspective and find other solutions to protect these animals. Some recommendations for broader regulations and more efficient enforcement will be provided
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