No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeArchiveHigh Court Rules on Shark Finning Case

High Court Rules on Shark Finning Case

Environmentalists have won 80% of the battle to protect the sharks in Costa Rican waters with two recent government resolutions, Randall Arauz, president of the Marine Turtle Restoration Program (PRETOMA) told The Tico Times this week.

Still, they won’t be satisfied until the battle is completely won, he added.

The Constitutional Chamber of the Supreme Court (Sala IV) on Feb. 3 ruled in favor of sharks in a lawsuit filed by PRETOMA last year against the Costa Rican Fisheries Institute (INCOPESCA), the General Customs Administration and the Ministry of Public Works and Transport (MOPT).

In the suit, filed Feb. 19, 2004, PRETOMA complained that the state was allowing fishing vessels to unload shark fins on private docks without inspectors present.

The Sala IV agreed with environmentalists that the government agencies have failed to fulfill their duties to protect the marine ecosystem. Environmentalists say that shark finning, the removal of sharks’ cartilagefilled fins from their lower-valued bodies which are then discarded, is severely depleting Costa Rica’s shark populations.

The high court ordered Customs and INCOPESCA to immediately prohibit all vessels possibly dedicated to shark fishing from unloading on private docks unless government representatives are present, including an official from the Ministry of Environment and Energy (MINAE), Arauz told The Tico Times.

The ruling resembles one issued in 2004, when the high court held Customs responsible for violating the Constitution by allowing fins to be unloaded at private docks without inspectors present (TT, June 18, 2004).

INCOPESCA general technical director Marvin Mora this week said unloading at private docks continues in the Pacific province of Puntarenas, where two public docks – Caldera, just south of the port town of Puntarenas, and Cruceros, the cruise-ship dock in Puntarenas – lack the infrastructure to unload seafood items.

However, he said the institute has participated in 2,345 inspections at public and private docks in the past four years, of which approximately 650 were foreign vessels.

Mora said that INCOPESCA, of all the institutions involved (in the PRETOMA lawsuit) has performed its inspection duties and will continue to do so.

Customs General Manager José Alberto Martínez told The Tico Times that Customs will comply with the court ruling in the interest of improving its performance.

The Government Attorney’s Office issued a statement Jan 25. against INCOPESCA’s interpretation of the country’s Fishing Law – for the second time in the past eight months.

The Fishing Law, passed in February 2004, punishes shark finning with prison and fines (TT, Feb. 18, 2004) and stipulates that shark fishing is allowed only when sharks are “unloaded at docks with their respective fins attached to the body.”

Environmentalists and some INCOPESCA officials admit the institute interpreted this to mean the fins can be attached artificially to the bodies, using nylon string and ropes, though other officials deny this.

Although the Government Attorney’s Office said the fins must be adhered naturally in a resolution last year (TT, Dec. 23, 2005), INCOPESCA press officer Hugo Solano admitted they continued allowing them to be attached artificially after they found support from a group of legislators (TT, Jan. 20).

Patriotic Bloc legislator Rafael Varela, with the support of approximately 20 legislators and the INCOPESCA board of directors, asked the Government Attorney’s Office to reconsider its pronouncement last year.

Last month, the Attorney’s Office rejected their request, establishing that fins must be attached naturally to be legal. However, Jorge López, INCOPESCA chief of the protection and registry department located next to the INCOPESCA dock in Puntarenas, told The Tico Times that after the Fishing Law took effect in April 2005 and until now, the institute has allowed only sharks with naturally adhered fins to be unloaded.

“In this story, only one side (the environmentalists’) has been heard,” he said.

Arauz, meanwhile, said environmentalists will be satisfied only after fishing vessels are prohibited from unloading sharks on private docks.

 

Trending Now

The History of Pirate Raids Along Costa Rica’s Coast

Long before Costa Rica became synonymous with cloud forests and wildlife reserves, its coastlines were contested territory in one of history's most dramatic power...

Costa Rica Rainy Season 2026 Expected to Start Unevenly and Stay Drier

Costa Rica is heading into a rainy season that may begin on schedule on the calendar, but not in the usual pattern. The Instituto...

Brazil’s Haddad Maia suffers brutal early exit at Madrid Open

For Latin American tennis fans looking for a strong clay-court push ahead of Roland Garros, Tuesday brought another setback. Brazil’s Beatriz Haddad Maia, the...

Bukele Compares El Salvador’s Mass Gang Trial to the Nuremberg Trials

El Salvador’s president, Nayib Bukele, on Wednesday compared the collective trial of gang leaders in his country to the historic Nuremberg proceedings against top...

Costa Rica’s Liberia Airport Posts Best Quarter in History

Guanacaste’s main international airport in Liberia just posted the strongest first quarter in its history, another sign that Costa Rica’s Pacific gateway is carrying...

Costa Rica Could Face Sharp Rise in Chronic Disease Cases

Costa Rica is a country that tends to punch above its weight in health outcomes. With a life expectancy of more than 80 years...
Avatar

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Travel