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Sharks
underseahunter3.jpgNumerous species of sharks can be found in the waters of Costa Rica.  Below are links to information on individual species.


Unfortunately, populations of sharks in Costa Rican waters have declined drastically in the last couple of decades.  One of the principle causes of this decline is the problem of shark finning which is an extremely cruel and wasteful process where a shark's fins are cut off and the body is tossed back into the ocean, often with the shark still alive.
 

PRETOMA (Programa Restauración de Tortugas Marinas) was first pointed toward the issue of shark finning, albeit very indirectly, while working with Costa Rican commercial shrimp fishermen in the late 1990s to mitigate the impacts of fishing operations on sea turtles.  The shrimp fishermen told PRETOMA that not only were sea turtles dying in shrimp nets, but the longline fishing operations were killing thousands of sea turtles as well. 

Looking into the issue, it became clear that hundreds of foreign industrial longline vessels, much larger than most national vessels, were landing at Costa Rican Pacific ports, the vast majority in Puntarenas.  These vessels have been fishing in the region (eastern Pacific) for at least 20 years and in general claim to be targeting tuna; however, when one examines cargo declarations of these vessels (mostly from TAIWAN) landing in Puntarenas, the majority of products landed are shark products.  Given the massive demand for shark fins in Asian markets, the fact that shark fins fetch prices up to $70/kg (100 times higher than prices of shark meat) and the extremely lucrative nature of the shark fin trade, PRETOMA began investigating what exactly these vessels were landing. 

Logic suggested that these vessels would be landing shark fins rather than shark meat, and as such, be practicing the wasteful and unsustainable “shark finning”, when fishermen cut off the fins and discard the shark carcasses while at sea in order to save space in the vessel hold for the valuable fins.  These vessels are longliners, and run monofilament lines up to 100 miles in length behind the boat with up to 8000 baited hooks set on each line.  They the claim to be targeting tuna, however, sharks, endangered sea turtles and marine mammals and sea birds all get hooked on the lines.  A study by PRETOMA, recently presented for publication, suggests that relative abundance of sharks in Costa Rican waters has declined by 60% in the last 10 years.

Shark finning is considered around the world to be wasteful (wastes 95% of the shark) and unsustainable, threatening to deplete sharks which are important apex predators in ecosystems.  Recent studies published in the scientific journal Nature suggest that globally, shark populations have diminished 90% from their levels 50 years ago. 

Background of Shark Finning Issues in Costa Rica
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2001 – 2003:
Shark finning ban AJDIP/47-2001 was in place.  It was applauded around the world for requiring fins to be landed attached to shark bodies.  Unfortunately it was a mere paper tiger and was not enforced.  INCOPESCA admitted that during this period it was inspecting fewer than 20% of foreign vessel landings.  Various denouncements were filed regarding illegal shark fin landings.  A Coastguard officer stated such landings were occurring frequently in Puntarenas.  A Constitutional lawsuit was filed in 2002 by the Costa Rican marine conservation NGO, PRETOMA (Programa Restauración de Tortugas Marinas) against INCOPESCA for failure to apply AJDIP/47-2001.  The Constitutional Court ruled INCOPESCA was innocent due to its claims that it did not have sufficient human and financial resources to do its job.  The Court did however order INCOPECSA to seek resources and implement an effective system of random inspections. 

November 2003 – April 2005: In November 2003, INCOPESCA and the Costa Rican Association of Professional Biologists (CBCR) implemented AJDIP/415-2003 which nullified AJDIP/47-2001 and allowed fins to be landed separately from shark bodies.  INCOPESCA published the regulation without notifying representatives of NGOs, MINAE and the Coastguard who were simultaneously working with INCOPESCA and CBCR to create an effective shark management regulation which would expand on AJDIP/47-2001 and help INCOPESCA enforce it.  AJDIP/415-2003, INCOPESCA and CBCR received immediate heavy criticism both nationally and internationally.  The regulation allowed fins to be landed separately at a proportion of 12.7% of the carcass weight landed.  Comprehensive scientific studies around the world show fin weight to be no higher than 5% of carcass weight.  A percentage of 12.7% mathematically permits the finning of 60% of all sharks captured.  Regulation 415 also allowed landing of fins without bodies as long as the captain of the vessel claimed the shark bodies were used as bait.  Sixty top Costa Rican biologists, the IUCN Shark Specialist Group and Sylvia Earle, among many other individuals and organizations, called for the nullification of 415.  Heavy criticism was especially directed at CBCR for providing to INCOPESCA the data used in the creation of 415.  That data directly contradicted the world’s best scientific data on sharks, was never published, was never peer reviewed and was kept from the public until after 415 was passed.  The report by CBCR on the data lacks any bibliographic citations, has an incomplete methodology and is completely missing a discussion section – a basic element in any scientific report.  CBCR also claimed their members would collect species specific data on sharks landed as part of 415, however top shark experts worldwide clearly state that identifying species when sharks are landed with fins unattached is virtually impossible. 

In an odd twist, the biologists from CBCR who provided the data to INCOPESCA are also high ranking WWF representatives in Costa Rica and Central America.  There was additional surprise when the regional WWF office applauded the implementation of 415 causing fellow conservationist organizations to seriously question the actions of WWF.  Heavy criticism was also leveled at INCOPESCA for using the CBCR data.  Regulation 415 tarnished Costa Rica’s international image as a conservation leader.  The President of Costa Rica was nominated for the Shark Enemy of the Year Award in March 2005 by the German organization Shark Project.  Between November 2003 and April 2005 INCOPESCA and 415 were criticized by over 30 international organizations including the IUCN Shark Specialist Group, Conservation International, WildAid, the Shark Trust, IFAW and WSPA and over 60 national organizations including UESPRA, FEUNA, FEUCR, APREFLFOFAS, FECON, and Yiski. 

Another controversial issue regarding shark finning in Costa Rica is the landing by foreign vessels at private docks in Puntarenas.  The Customs Law clearly states foreign vessels must land at public docks, and private docks can only be authorized exceptionally to receive such vessels in cases of emergencies, an act of god or other justified circumstance.  The key word in the Customs Law is “exceptionally”.  However, the Costa Rican Customs Department and INCOPESCA allow foreign vessels to land sharks and shark fins at private docks at will.  In fact, these foreign vessels never land at public docks; they only land at private docks.  That has been the norm for over 8 years in Puntarenas.  The key problem with allowing these vessels to land at private docks is that Coastguard, MINAE and police officials do not have free access to inspect landings at the private docks.  A clear example of this occurred in August of 2004 when Coastguard officers along with the national Ombudsman visited three large private docks in Puntarenas unannounced to inspect vessel landings and were turned away at the door. 
In February of 2004 PRETOMA filed a Constitutional lawsuit against Customs and INCOPESCA for allowing foreign vessels to land at the private docks.  The Court has yet to rule on the case.  
 
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In the second half of 2004 PRETOMA led a public campaign: “No al Aleteo, Que se Cumpla la Ley en los Muelles Privados”.  More than half of the Costa Rican Congress (35 deputies) and 70,000 citizens signed petitions calling on the President to halt non-exceptional landings by foreign vessels at private docks.  On Nov. 22, 2004 Customs did just that.  However, shortly thereafter in January of 2005 Customs emitted resolutions which once again allowed foreign vessels to land at private docks.  In February of 2005, PRETOMA filed a penal denouncement against the Manager of Customs in Caldera/Puntarenas for emitting the resolutions.  The Fiscal de Puntarenas and Minister of Hacienda have yet to rule on the case.    

In February of 2005 the Costa Rican Congress approved the new Fishery Law which had been debated in Congress for nearly 10 years.  Article 40 of the Law requires shark fins to be landed attached to their respective bodies.  The Law was implemented on April 25, 2005.  As a result, AJDIP/415 was nullified.  Although there are many criticisms of many aspects of the Fishery Law, Article 40 was roundly praised for banning shark finning.  INCOPESCA however, decided to interpret Article 40 to mean fins could be landed tied onto shark bodies.  PRETOMA pointed out in a position statement that such an interpretation opens various loopholes which allow shark finning to occur and renders impossible the full application of the law.  The IUCN headquarters in Gland, Switzerland, in a rare move, made a statement mirroring PRETOMA’s against allowing fins to be tied on.  In June of 2005 MINAE requested that the Attorney General clarify Article 40.  On July 28, 2005 the Attorney General’s office ruled that Article 40 requires all shark fins to be landed attached in natural form to their respective bodies.  INCOPESCA has not applied the Attorney General’s ruling – a ruling which is obligatory for all public entities and officials.  Three weeks after the ruling, 9 deputies appealed the ruling requesting its reversal.  The Attorney General has not yet ruled on the appeal.  Denouncements against the President and Technical Director of INCOPESCA were filed by PRETOMA on Sept. 22, 2005 for their refusal to apply the Attorney General’s July 28, 2005 rulings.
In sum, at the moment:
•       INCOPESCA is allowing fins to be landed tied onto sharks in violation of the Attorney General’s ruling. 
•      
A ruling by the Sala IV regarding the Recurso de Amparo about private docks is pending.
•      
A ruling by the Fiscal de Puntarenas regarding the penal denouncement against the Manager of Customs Caldera for emitting the resolutions to allow foreign vessel landings at private docks is pending. 
•      
A ruling by the Attorney General is pending regarding the appeal to the July 28, 2005 ruling.  


Additional points of interest

After the passage of the Fishery Law, INCOPESCA formed a commission to create the Regulations Document of the Law.  NGOs requested to be part of the commission, but INCOPESCA denied all NGO direct participation.  The deadline for the finalization of the Reglamento was July 25, 2005.  A draft of the Regulation is currently being worked on. 
In 1999 the UN FAO called on all nations to create national Plans of Action (POA) for the conservation and management of sharks, based on the FAO International Plan of Action – Sharks.  Early in 2005 INCOPESCA created a commission to draft the Costa Rican POA.  Four NGOs (CBCR, WWF, MarViva and PRETOMA) were included on the commission.  The drafting of the POA document has turned controversial at times with CBCR and INCOPESCA not wanting to include even government published criticisms of AJDIP/415-2003 in the document and INCOPESCA and industry representatives promoting fins tied on rather than attached in natural form, contrary to the national Fishery Law and a ruling by the Attorney General.  Furthermore, INCOPESCA, CBCR, WWF and industry representatives have refused to discuss the issue of foreign vessels landing at private docks in the commission even though that issue is central to effective shark fisheries management given various denouncements and
Constitutional Court
cases filed about illegal landings by foreign vessels at private docks.  A shark expert from the FAO visited the commission during the week of Sept. 12, 2005 to review the draft of the POA and visit docks in Costa Rica to witness shark landings.  As an official FAO representative he stated there needs to be transparency in the use of scientific data for future shark management measures and all such measures should be written to close any potential loopholes.  He also made a personal recommendation that, given the new Fishery Law in Costa Rica, shark fins should be landed attached in natural form to their respective bodies.

Given the role both CBCR and WWF have played to promote shark finning interests in Costa Rica, PRETOMA is currently working with biology students at the UCR to form an Ethics Committee with the Biology Department to ensure that future biologists do not perform questionable science which can be utilized by industry to further any unsustainable practices.

Solutions

Solutions to the shark finning issue in Costa Rica already exist on the books as published national legislate; however they are not being applied.  Those solutions are:   
•       Apply the Customs Law such that private docks are only authorized exceptionally to receive foreign vessel landings.
•      
Apply the Fishery Law such that shark fins are only landed attached in natural form to their respective bodies.

Preventative measures
Due to the patterns of INCOPESCA, CBCR and WWF supporting AJDIP/415-2003 and supporting policies of fins tied on and of non-exceptional landings by foreign vessels at private docks, patterns which have resulted in Costa Rica being known internationally as a country which promotes foreign shark fin interests, tarnishing Costa Rica’s longstanding reputation as a conservation leader, it could be considered prudent to evaluate the appropriateness of maintaining the current INCOPESCA regime as well as the participation of CBCR and WWF as consultants for national shark management measures. 

Regionalization

Given that many species of sharks are highly migratory, solutions for shark management and conservation must be regionalized in order to be effective.
Recommended measures for all American countries with Pacific coastlines:
•       Implement shark finning bans
•      
Halt any national programs of granting flags of convenience to foreign fishing fleets
•      
Prohibit transshipping of shark fins
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Implement National Plans of Action – Sharks based on the UN FAO International Plan of Action – Sharks
•      
Urgently support and implement Regional Fisheries Management measures based on UN FAO Guidelines such as reducing fishing effort and creating no-take zones or periods in international waters of the Pacific     

Photos courtesy of UNDERSEA HUNTER, Jeff Rotman and Alexander Gaos  
Saturday, 13 May 2006 Operation: Whale Shark Admin 6501
Monday, 28 February 2005 Friendship Yes, Shark Finning No! Admin 13465
Monday, 28 February 2005 Letter to President Admin 11296
Monday, 28 February 2005 Finning in Costa Rica Admin 13641
Monday, 28 February 2005 Update Jan 2004 Admin 19430
Monday, 28 February 2005 Bigeye Thresher Admin 11136
Monday, 28 February 2005 Blacktip Reef Shark Admin 9379
Monday, 28 February 2005 Blue Shark Admin 9879
Monday, 28 February 2005 Bull Shark Admin 12555
Monday, 28 February 2005 Common Thresher Shark Admin 8732
Monday, 28 February 2005 Gray Reef Shark Admin 9440
Monday, 28 February 2005 Great Hammerhead Admin 8940
Monday, 28 February 2005 Lemon Shark Admin 9457
Monday, 28 February 2005 Nurse Shark Admin 8239
Monday, 28 February 2005 Pelagic Thresher Admin 7473
Monday, 28 February 2005 Scalloped Hammerhead Admin 7903
Monday, 28 February 2005 Shortfin Mako Shark Admin 9090
Monday, 28 February 2005 Silky Shark Admin 7992
Monday, 28 February 2005 Smooth Hammerhead Admin 8196
Monday, 28 February 2005 Whale Shark Admin 8126
Monday, 28 February 2005 Whitetip Reef Shark Admin 8024
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