Policy Permitting Shark Finning Overturned –
August 3, 2005 150; San Jose, Costa Rica

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On July 28, 2005 the Constitutional Authority of Costa 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 Authority 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 Authority 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.

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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
Authority 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:
Randall Arauz, President PRETOMA
. TEL: +(506) 241-5227 FAX: +(506) 236-6017

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