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

Costa Rica’s Pesticide Problem and the Beauty of Backyard Gardening

Isn’t it ironic that Costa Rica, our country famed throughout the world for its amazing flora and fauna, is also at or near the...

Your $1,000 Now Buys 46,810 Fewer Colones Than in January

The US dollar slipped again in Costa Rica this week, leaving anyone who earns in dollars and spends in colones with noticeably less buying...

Democrats Win Congress but Costa Rica’s US Tariff Stays

Democrats won control of both chambers of the US Congress in Tuesday's midterm elections. The result hands President Donald Trump a divided government for...

5,000 Shareholders, No Dividends and a Court Order for Hospital CIMA’s Top Executive

A civil court in San José has ordered Clifton Neal Orme, the legal representative of Hospital CIMA, to appear in person and testify in...

Costa Rica Dollar Supply Hits Record 20 Years After Colón Devaluations Ended

The dollar sits near ₡452 as Costa Rica marks 20 years since ending planned colón devaluations. Here's what is driving record dollar supply.

Chaves Calls TEC Rector a Terrorist as 417 Limón Students Face Campus Closure

Former president Rodrigo Chaves, who now serves as minister of the Presidency and of Finance, called Costa Rica Institute of Technology (TEC) rector María...

Nearly Two Thousand Chinese Businesses Established in Nicaragua Since Free Trade Agreement Took Effect

Nearly 2,000 Chinese businesses have been established in Nicaragua during the first two years of the free trade agreement with China, according to the...

Alejandro Tabilo Falls to Rafael Jódar Again in Paris Masters Opener

Chile's Alejandro Tabilo suffered another disappointing defeat against Rafael Jódar on Monday, losing 6-2, 6-3 in the opening round of the Paris Masters as...

Missing Caribbean Fishermen Found Alive in Colombia, Family Says

Three Costa Rican fishermen missing since Oct. 19 were found alive in Colombia, a relative says.
Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel