The rhetoric of the legality of shark finning in the United States is confusing and allows many loopholes.
In 2000, President Bill Clinton signed the Shark Finning Prohibition Act which banned finning on fishing vessels within U.S. territorial waters and on all U.S.-flagged fishing vessels in international waters. The Act also stated that fins could not be imported into the U.S. without the attached carcass.
In 2002, the U.S. seized the King Diamond II, a U.S.-flagged, Hong Kong-based vessel en route to Guatemala. The vessel was carrying 64,695 pounds of shark fins, representing an estimate of 30,000 sharks. In United States vs. Approximately 64,695 Pounds of Shark Fins, Judge Stephen Reinhardt found that the King Diamond II did not meet the definition of a fishing vessel, since it had bought the fins at sea and not caught the fins itself.
In January 2011, President Barack Obama signed the Shark Conservation Act to close the loopholes. The new law prohibits any boat from transporting shark fins without their corresponding carcass, and all sharks must be brought to land with all fins attached.
Currently, the Shark Fin Sales Elimination Act is proposed to ban the sale of shark fins nationwide. In 2019, the Act was approved by the U.S. House of Representatives with a bipartisan vote. The Act now needs to be passed by the U.S. Senate and then signed by the President to become law. If passed, the bill would ban the selling or buying of shark fins in the U.S. with a fine up to $100,000 for each offense.
In short, in the United States today, shark finning is banned in U.S. waters but there is no ban on the sale or purchase of fins that were harvested abroad. This is where state legislation comes in and shark fin possession varies widely in terms of legality from state to state.
As of January 2020, 13 U.S. states and 3 U.S. territories have banned the sale, distribution and possession of shark fins: American Samoa, California, Delaware, Guam, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New York, Northern Mariana Islands, Oregon, Rhode Island, Texas, and Washington (Shark finning, 2020).
In 2000, President Bill Clinton signed the Shark Finning Prohibition Act which banned finning on fishing vessels within U.S. territorial waters and on all U.S.-flagged fishing vessels in international waters. The Act also stated that fins could not be imported into the U.S. without the attached carcass.
In 2002, the U.S. seized the King Diamond II, a U.S.-flagged, Hong Kong-based vessel en route to Guatemala. The vessel was carrying 64,695 pounds of shark fins, representing an estimate of 30,000 sharks. In United States vs. Approximately 64,695 Pounds of Shark Fins, Judge Stephen Reinhardt found that the King Diamond II did not meet the definition of a fishing vessel, since it had bought the fins at sea and not caught the fins itself.
In January 2011, President Barack Obama signed the Shark Conservation Act to close the loopholes. The new law prohibits any boat from transporting shark fins without their corresponding carcass, and all sharks must be brought to land with all fins attached.
Currently, the Shark Fin Sales Elimination Act is proposed to ban the sale of shark fins nationwide. In 2019, the Act was approved by the U.S. House of Representatives with a bipartisan vote. The Act now needs to be passed by the U.S. Senate and then signed by the President to become law. If passed, the bill would ban the selling or buying of shark fins in the U.S. with a fine up to $100,000 for each offense.
In short, in the United States today, shark finning is banned in U.S. waters but there is no ban on the sale or purchase of fins that were harvested abroad. This is where state legislation comes in and shark fin possession varies widely in terms of legality from state to state.
As of January 2020, 13 U.S. states and 3 U.S. territories have banned the sale, distribution and possession of shark fins: American Samoa, California, Delaware, Guam, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New York, Northern Mariana Islands, Oregon, Rhode Island, Texas, and Washington (Shark finning, 2020).
On September 18, 2020, Florida became the 14th U.S. state to enact a finning law. SB680, also known as the Kristin Jacobs Conservation Act, makes it a violation of state law to import fins into Florida ,but makes a temporary exemption for licensed commercial fishermen who were holding a valid federal shark fishing permit as of 1/1/2020 (Brendl, 2020).
Florida’s ban is important because it is currently the biggest hub of fin trading in the U.S. Miami is a common stop for fins traveling from Central and South America to Asia, mainly because they are unable to land in the port of Los Angeles or Houston (Brendl, 2019).
Worldwide, shark finning laws and restrictions vary widely.
The following is an excerpt from Animal Welfare Institute:
Countries/Jurisdictions with full or partial bans on shark finning:
- Canada/British Columbia (2019) has a ban enacted on import and export of shark fins not naturally attached to the shark to/from Canada and British Columbia.
- Oman (1998) has a ban that sharks must be landed, transported, sold or disposed of whole.
- South Africa (1998) has a ban that sharks must be landed, transported, sold or disposed of whole.
- New South Wales, Australia (1999) has a ban on finning in NSW coastal waters; sharks may not be taken on board any vessel without fins naturally attached.
- United Arab Emirates (1999) says sharks must be landed whole.
- United States (2000) has a law saying it is unlawful to possess a shark fin in US waters without a corresponding carcass. This was amended in 2010 to require sharks be brought ashore with fins naturally attached.
- Spain (2002) has a ban on fins on board without the corresponding carcasses.
- Namibia (2003) has a ban on finning.
- Gambia (2004) has a ban on finning in territorial waters.
- Nicaragua (2004) has a ban on fin exports without proof that the meat was sold.
- Costa Rica (2006) has a “fins attached” requirement reinstated (cancelling a 2003 policy that allowed sharks to be landed without their fins).
- Seychelles (2006) has a ban on the removal of fins on board vessel unless granted authorization.
- El Salvador (2009) has a ban on finning in territorial waters.
- Panama (2006) has a ban on finning in territorial waters.
- Colombia (2007) says sharks must be landed with fins naturally attached to their bodies
- Sierra Leone (2008) has a ban on finning.
- Argentina (2009) has a ban on retaining fins and discarding carcasses.
- Guinea (2009) has a ban on finning in territorial waters.
- United Kingdom (2009) has a ban on the removal of shark fins at sea by any UK vessel worldwide.
- Honduras (2010) has a ban on finning.
- Chile (2011) says sharks must be landed with fins naturally attached to their bodies.
- Taiwan (2012) says all sharks be landed with fins naturally attached.
- Brazil (2012) says sharks be landed with fins naturally attached to their bodies.
- Venezuela (2012) says sharks be landed with fins naturally attached to their bodies.
- The Republic of Malta (2012) says sharks must be landed whole.
- European Union (2013) says no finning by any vessel in EU waters or by any EU-registered vessel worldwide.
- Hong Kong (2013) has a ban on shark fin soup at government functions.
- India (2013) says sharks must be landed with fins attached to their bodies.
- China (2013) has a ban on shark fin dishes at official government functions.
- British Virgin Islands (2014) has a ban on the sale, possession, or distribution of shark fin products.
- New Zealand (2014) has a ban on finning in territorial waters.
- Israel (1980) has a ban on shark fishing.
- Congo-Brazzaville (2001) has a ban on shark fishing.
- Ecuador (2004) has a ban on direct shark fishing in Ecuadorian waters, but sharks caught elsewhere may be landed in Ecuador.
- Egypt (2005) has a ban on shark fishing and the commercial sale of sharks.
- French Polynesia (2006) has a ban on shark fishing, with exception of Mako sharks.
- Mexico (2011) has a ban on shark fishing from May to August.
- Guinea-Bissau (2008) has a ban on shark fishing in marine protected areas.
- Palau (2009) has a ban on shark fishing.
- Honduras (2010) has a ban on shark fishing.
- The Republic of Maldives (2010) has a ban on shark fishing.
- The Marshall Islands (2010) has a ban on commercial shark fishing or sale of shark products.
- Indonesia (2010) has a ban on shark fishing in Raja Ampat.
- The Cook Islands (2012) has a ban on commercial shark fishing, sale, or trade of shark products.
- The Bahamas (2011) has a ban on commercial fishing, sale, or trade in shark products.
- Marshall Islands (2011) has a ban on commercial shark fishing or sale of shark products.
- Tokelau Islands(2011) has a ban on shark fishing in territorial waters.
- Sabah, Malaysia (2011) has a ban on shark fishing including the possession and sale of fins.
- Brunei (2013) has a ban on the harvest and importation of shark products.
- Fiji (2013) has a ban on shark fishing.
- UK Virgin Islands (2014) has a ban on commercial fishing of sharks or rays.
- United Arab Emirates (2014) has a ban on shark fishing from February 1 to June 30 and has a ban on all imports and exports of shark products.
- Kiribati (2015) has a ban on commercial fishing in the Phoenix Islands Protected Area and Southern Line Islands.