 Shark
finning is forbidden in Costa Rica, according to INCOPESCA Board of
Directors Agreement AJ-DIP/47-2001 of Monday February 12, 2001. The
regulation establishes that "the exploitation and use of any shark
species and their fins, by Costa Rican and foreign fleets, will be
subject to the regulations and applications pertaining to the Code of
Conduct for Responsible Fisheries of FAO and the Convention on
International Trade of Endangered Species (CITES), especially referring
to the use of the product after its capture and its associated
discards". It acknowledges that "a world wide concern exists regarding
the capture, exploitation, and use of sharks linked to the shark fin
market, due to the negative effect of this practice on shark
populations and the waste associated when a major portion of the
resource is discarded". Finally, it promulgates that "the exploitation
and use of sharks will only be allowed as long as the carcasses are
landed with the fins naturally attached".
Nevertheless, a PRETOMA
report titled: "La Pesca del Tiburón en Costa Rica vaciando el mar...
llenando tazones" Shark Fisheries in Costa Rica; emptying to
ocean...filling the bowl), is a call of attention to our fishery
authorities on the abuses surrounding shark fisheries in Costa Rica,
and their impact on the marine environment, threatening numerous
endangered species.
Because of the
government's reluctance to take any action against the landing of shark
fins alone in the country by foreign fleets, on March 11 of 2002,
PRETOMA filed a Constitutional Lawsuit against INCOPESCA for failing to
implement its own legislation. One of PRETOMA's pretensions was that
the authorities not allow a single shark carcass to be landed if the
vessel was not duly inspected to ensure compliance with national
legislation (Constitutional Lawsuit filed by PRETOMA).
 Unfortunately,
the Constitutional Court resolved that "even though the ideal state
should be that INCOPESCA exhaustively inspect each and every fishing
vessel that lands at national ports, the truth is that because of the
material impossibility to do so stemming from the lack of personnel and
resources, INCOPESCA is forced to carry out random inspections of the
vessels, which this Court does not consider arbitrary" (Resolution of Constitutional Court).
We ask ourselves; what
random non arbitrary system is being used by INCOPESCA? Landing of
shark fins alone occurs openly, while the authorities patiently watch
and do nothing about it. There is no system.
On January 31 of the
current year, at 12:30 pm, due to the constant complaints filed by
members of the Coast Guard Service, the people of Puntarenas, and even
members of INCOPESCA regarding the open and illegal landing of shark
fins, a PRETOMA team carried out a vessel landing inspection in
Puntarenas. We confirmed and filmed the landing of shark fins alone by
international vessels. On February 3 a letter was sent to INCOPESCA,
requesting information on this particular landing, as well as an
explanation on the random system they claim to practice. On March 10 it
was necessary to send another letter, in light INCOPESCA's administrative silence.
PRETOMA is now waiting for INCOPESCA's response to study further actions to efficiently stop shark finning in Costa Rica.
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