October 26, 2017 (Saving Seafood) — The horrific practice of shark finning has been illegal in U.S. waters since 2000, and is vehemently opposed by all U.S. shark fisheries and participants in those fisheries. The Office of Law Enforcement at NOAA Fisheries is enforcing the current finning prohibition; US fishermen are in full compliance with the law. There are very few incidents of this terrible practice on record in the United States.
On August 1, 2017, U.S. Senator Dan Sullivan (R-Alaska) chaired a hearing of the Senate Commerce, Science and Transportation Subcommittee on Oceans, Atmosphere, Fisheries, & Coast Guard regarding the reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). During the hearing, Senator Cory Booker (D-New Jersey) asked Chris Oliver, NOAA Assistant Administrator for Fisheries and head of the National Marine Fisheries Service, to keep him informed on NOAA investigations of shark finning allegations. Sen. Booker introduced a bill earlier this year designed to prevent people from possessing or selling shark fins in America.
Leading up to his question, Senator Booker stated the following. “You know that shark finning was first outlawed in U.S. waters in 2000. And a loophole in that original law was closed by the Shark Conservation Act of 2009. I recently asked your office how many shark-finning investigations NOAA has opened since January 1, 2010. I was shocked to find out that since 2010, NOAA has investigated over 500 incidences of alleged shark finning. As of April, there were seven shark finning cases that were open but not yet charged.”
Sen. Booker’s statement, that NOAA advised him of over 500 instances of alleged shark finning immediately sparked incredulity in the commercial fishing industry, because in June 2016, in an article by Ally Rogers, a communications specialist for NOAA’s Office of Law Enforcement (OLE), entitled OLE Working Hard To Identify, Prevent Incidents of Shark Finning, Illegal Shark Fishing, NOAA stated that during the ten year period from 2006-2016, 40% of the “nearly 80 shark-related incidents” referred to “fins that were not naturally attached to the shark carcasses.” That works out to fewer than 32 incidents involving shark fins in a decade, or on average no more than 3.16 per year.
Saving Seafood asked NOAA how it could be that the agency told Senator Booker that they had “investigated over 500 incidences of alleged shark finning” in the past 7.5 years.
While the information NOAA provided in response to Senator Booker’s staff was not entirely inaccurate, a footnote was attached to the wrong sentence, making it possible for a reader to misinterpret the over-inclusive information provided.
In the NOAA case management system, there were 526 reports that contained the word “shark” in some form or another. This could include a number of legal and illegal activities including inspections, boardings, a legal or illegal take of a shark, by-catch, harvesting sharks during a closed season, and unpermitted shark fishing activities, to name a few. Any report that came into NOAA with the word “shark” in it, would have appeared as an incident in the numbers provided to Senator Booker.
In fact, of those 526 reports, only 85 were incidents that referred to “shark fins” or “shark finning”. Of those 85 incidents, only 26 resulted in charges that could be a criminal complaint, a summary settlement, a written warning, or a Notice of Violation and Assessment (NOVA). So, in the past 7.5 years, with an annual average of 2.6 million pounds landed sustainably from Federally managed shark fisheries, there has been on average just 3.5 incidents per year resulting in charges. And that is consistent with the earlier data.
In 2016, just ahead of the Discovery Channel’s “Shark Week,” Senator Booker, and House Foreign Affairs Committee Chairman Ed Royce (R-California) joined with actor Morgan Freeman and the environmental group Oceana to introduce the Shark Fin Trade Elimination Act (S. 793/H.R. 1456, in the current Congress). The ban is opposed by leading shark scientists David Shiffman of Simon Fraser University in British Columbia and Robert Hueter, Director of the Center for Shark Research at Mote Marine Laboratory in Sarasota, Florida. Delegate Gregorio Kilili Camacho Sablan (I- Northern Mariana Islands), and Senator Shelley Moore Capito (R-West Virginia) are also original co-sponsors.
Oceana, the Humane Society International, Wild Aid, and COARE have used the inaccurate information in support of the shark fin ban, erroneously arguing that even “in U.S. waters, our anti-finning law does not effectively stop shark finning.” In a recent blog post, Lora Snyder, Campaign Director at Oceana, Iris Ho, Wildlife Program Manager at Humane Society International, Peter Knights, Executive Director at WildAid and Christopher Chin, Executive Director at COARE, reference “government records cited during recent Congressional testimony” to make the claim that “more than 500 alleged shark finning incidents… have taken place in U.S. waters since January 2010.” They go on to extrapolate from that number, stating “That is approximately five cases every month.”
In fact, over the past decade, there have been fewer than four incidents per year.
Oceana hired The McGrath Group, headed by six-term former Congressman and President of the National Republican Club Ray McGrath to lobby for the bills, spending $20,000 with the GOP firm between July 1 and Sept 31 this year.