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Writer's pictureEnvironmental Law and Regulation Society

Human Infested Waters; Europe’s Role in Ending the Global Shark Fin Trade

Written by: Emily Creswell

Date: 27/11/23


In our modern age of natural resource exploitation and climate change, countless environmental issues have come to our attention. One of these tragic consequences is the decline in wildlife. The WWF defines “endangered species” as species threatened with extinction, (1) and therefore call for our utmost protection. However, some endangered species receive more attention and concern than others. This brings me to this article’s focus: sharks.


To myself and many others, sharks are absolutely magnificent creatures, but some see these animals as a thing of nightmares. I frequently hear the phrase “shark infested waters,” as if the ocean isn’t a shark’s natural habitat! Our fears are part of the reason that the protection of sharks is massively overlooked. Particularly, our unawareness of the barbaric shark fin trade occurring around the world. This article will bring to light the scale of the shark fin trade, the importance of taking action against it, and examine the EU’s legal role in bringing the trade to an end.

The Shark Fin Trade

Shark finning is the practice of cutting off a shark’s fin, often whilst the shark is still alive, and then proceeding to dump the animal back into the sea (3). The main source of demand for this is shark fin soup, which is considered to be a delicacy in several countries. Despite the fin itself being tasteless and providing no nutritional value, this dish is embedded in cultural traditions, as well as having a “luxury status” due to its expensive price tag (4). For context, a bowl typically costs up to US$100 (5). Research shows that 72 million sharks are killed every year for shark fin soup (6).

The trade of shark fins has completely devastated shark populations. 167 shark species are currently threatened with extinction, and the total number of sharks in the high seas has declined by 70% in the last 50 years (7). The practice is inherently unsustainable, as sharks have low reproductive rates (8), meaning that they are being killed at a much faster rate than populations can replace.

So why is it so important that we put an end to this gruesome trade? Some may even sigh with relief at the thought of a “safe” shark-free ocean. As it turns out, sharks are fundamental to the entire marine ecosystem. As apex predators, sharks play a crucial role in maintaining the balance of life underwater (11). If this is not persuasive enough, there are also public health risks that come with the trade, with research showing that shark products can contain harmful levels of mercury (12).

The Role of EU Legislation & Regulation

The shark fin trade is a global issue; however, this article will focus on the particular example of the EU, given its role in the industry and its supranational responsibility to act. EU member states Spain, Portugal, and France are among the top 15 shark-fishing nations in the world, with the practices often being subsidised with EU funding (13). The EU has made some efforts to regulate a legal market for shark fin trading, in an attempt to honour its conservation obligations as a party to the Convention on International Trade of Endangered Species (CITES). However, conservation organisations believe that this legislation is inadequate, as a legal market for shark fins creates a loophole for illegal fins, as the origin and species are difficult to trace (14). The EU’s “Fins Naturally Attached” legislation prohibits the removal of fins from the shark’s body before landing (15). This ambiguous legislation allows fisheries to legally trade loose fins and allows for sharks with their fins still “naturally attached” to reach the shores.

Civil Society has played a significant role in lobbying for legislative reform on this issue in Europe. The European Citizens’ Initiative “Stop Finning – Stop the Trade” received support from over 100 NGOs, as well as 1.1 million EU citizen signatures on its petition (16). This number of responses passed the minimum threshold to warrant a response from the EU. On 27th March 2023, representatives of the Initiative were invited to a parliamentary hearing at the EU Parliament in Brussels.

The Initiative received a response from the EU Commission on 5th July 2023, which – for those who are interested – can be read here. The main takeaway from the report was the Commission’s intention to carry out an ‘Impact Assessment Report’ to evaluate the social, economic, and environmental costs that a shark fin ban in the EU would have (18). This is planned to be released at the end of 2023, so keep an eye out for this important development in the coming weeks!

This article has expressed why the shark fin trade must be brought to an end. The example of the ongoing process of lobbying for legislative reform in the EU goes to show how many citizens feel compelled to achieve this goal. It further sheds light on both environmental and EU law more broadly, as well as the vital role that Civil Society has to play in bringing about change. However, the final call remains with the legislators – in this case, the EU – to prioritise the protection of sharks over profits.



Bibliography

1. WWF

2. Oceanographic, CITES CoP19: Ground-breaking protection for sharks achieved, https://oceanographicmagazine.com/news/cop19-protection-for-sharks-achieved/

3. Humane Society International, Shark Finning https://www.hsi.org/issues/shark-finning/

4. The Grom Life, What is the Purpose of Shark Finning Other Than Cruelty? https://thegromlife.com/wildlife/shark-finning/

5. Human Society International, Shark Finning https://www.hsi.org/issues/shark-finning/

6. Ibid.

8. Human Society International, Shark Finning https://www.hsi.org/issues/shark-finning/

9. The Grom Life, What is the Purpose of Shark Finning Other Than Cruelty? https://thegromlife.com/wildlife/shark-finning/

11. Human Society International, Shark Finning https://www.hsi.org/issues/shark-finning/

12. Ibid.

14. Ibid.

15. Ibid.

16. Ibid.

17. Ibid.

18. Ibid.

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