Proposal for a Council Regulation on the removal of fins of sharks on board vessels
Date: 2002-08-05
Institutions: European Commission
Subjects: EU waters, by-catch, common fisheries policy, conservation of fish stocks, environmental protection, fishing permit, sea fish

31.12.2002

EN

Official Journal of the European Communities

C 331 E/121

Proposal for a Council Regulation on the removal of fins of sharks on board vessels

(2002/C 331 E/25)

COM(2002) 449 final — 2002/0198(CNS)

(Submitted by the Commission on 5 August 2002)

EXPLANATORY MEMORANDUM

Sharks and related species such as skates and rays (fish belonging to the taxon Elasmobranchs), are
generally very vulnerable to exploitation due to their life-cycle characteristics. Most of shark species are
often caught as by-catch in Community fisheries directed to other more valuable species and are therefore
difficult to manage using only the traditional tools based on catch and effort restrictions.

The meat of sharks must be subject to special treatment for its preservation; otherwise its high content of
ammonia makes it unattractive for human consumption. Consequently shark meat usually fetches low
prices, although this has started to change with the improvement in the treatment of the fish on board.
Shark fins, however, are much in demand in certain markets of the Far East, as the main ingredient to
prepare thickeners for food products, in particular for use in shark fin soup. Fins can be easily preserved
by drying or freezing and can reach very high prices.

Since very few regulations exist to restrict fishing of sharks, in particular due to lack of detailed knowledge
about the fishing patterns and their biology, this has led to the practice whereby fins are removed from
any shark caught by a fishing vessel, only the removed fins are retained on board and the remainder of the
shark is discarded at sea (with possibly part of the flesh being re-used as bait for further shark fishing). This
practice, known as ‘shark finning’, results in the death of large quantities of sharks. The retention on board
of the fins alone takes up the available storage space of a vessel less rapidly than would be the case if
whole sharks were retained, and, therefore, contributes to excessive mortality of sharks with devastating
effects on shark populations. The low reproductive rate of sharks makes stock recovery very difficult.

The current scientific knowledge, generally based on examination of catch rates, indicates that many stocks
of sharks are seriously under threat (1). Until more is known about the population dynamics of shark
stocks and their response to exploitation, which would allow the designing of well-tailored management
plans, any measure preventing the development of unsustainable fishing practices or leading to decreased
exploitation will have positive effects on the status of such stocks. Therefore, rules to severely restrict or
prevent further development of the practice of shark finning are urgently required.

Techniques have been developed to improve methods of preserving shark meat and to develop markets for
human consumption; other parts of the body (liver, skin) are in demand and can also be sold. It is believed
that, in these circumstances, fishermen can obtain a higher economic return from their landings and, for a
given economic result, fishing pressure can be decreased by a full utilisation of the catch.

In view of these circumstances, it is appropriate to prohibit the finning of sharks. To be effective, the
prohibition should apply to all types of fishing in Community waters. In non-Community waters, the
prohibition can only apply to Community vessels, and therefore it will not be fully effective in terms of
shark protection. However, it is a policy of the Community to show equal commitment towards stock
conservation in all waters where its vessels fish. This proactive attitude will also facilitate the promotion of
the measure for adoption in international fora, essentially Regional Fisheries Organisations, and will align
the Community with other countries which have adopted similar measures.

(1) See in particular FAO report: A preliminary evaluation of the status of shark species — FAO Fisheries Technical

Paper. No 380. Rome, FAO. 1999.

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The most effective and practical means to implement a prohibition of finning and to render by-catches of
sharks less attractive in fisheries is to prohibit the removal of fins on board, and to prohibit the keeping on
board, transhipping or landing of shark fins which have been removed from the fish body. In view of the
practical difficulties for control and species identification based on removed fins kept on board or landed,
these prohibitions should apply to all Elasmobranchs. However, the practice of cutting ray wings should
not be covered by such prohibitions, in particular as it aims at using the most important part of the fish
flesh, and as ray wings can be easily distinguished from any other fin removed from a cartilaginous fish.

For certain fisheries there could, however, be a practical need for removing shark fins on board and for
separate on-board processing of fins and bodies, even when the carcass is to be kept and used. In those
circumstances, it is considered appropriate that a special fishing permit shall be issued under which such a
practice would be acceptable, while ensuring at the same time that possession on board,
landing or
transhipping of fins is accompanied by possession on board, landing or transhipping of a corresponding
weight of the carcass. To facilitate enforcement and to limit possible abuses, it is appropriate to adopt a
single and restrictive conversion factor applicable to all shark species.

This regulation represents a measure for the conservation of sharks as announced by the Commission in its
recent Communication setting out a Community Action Plan to integrate environmental protection
requirements into the Common Fisheries Policy (COM(2002) 186 final). The regulation also forms part
of the development and implementation, by the Community, of a more comprehensive management plan
for the conservation and sustainable use of sharks, in line with the FAO Code of Conduct for Responsible
Fisheries and the FAO International Plan of Action for sharks.

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament,

Whereas:

(1) Article 4 of Regulation (EC) No 3760/92 of 20 December
1992 establishing a Community system for fisheries and
aquaculture (1) stipulates that
in order to
exploitation of
ensure
the
to establish
is
sustainable basis,
resources on a
Community measures laying down the conditions of
access
to Community waters and resources and the
pursuit of fishing activities.

rational and responsible

the Council,

(2) Fish belonging to the taxon Elasmobranchii, which includes
sharks, skates, rays and similar species are generally very
vulnerable to exploitation due to their life-cycle charac-
these species are often caught as
teristics. Most of
by-catch in Community fishing activities directed to
other more valuable species.

(3) Current

scientific knowledge, generally based on the
indicates that many stocks

examination of catch rates,
of sharks are seriously under threat.

(4) Until more is known about the population dynamics of
stocks of sharks and their response to exploitation, which
would allow the drafting of well-tailored and compre-
hensive management plans, any measure preventing the
leading to
development of unsustainable practices or
decreased exploitation of
sharks will have positive
effects on their conservation.

(5) The practice of

‘shark finning’, whereby the fins are
removed from sharks, with the remainder of the shark
body being discarded at sea, may contribute to the
excessive mortality of sharks to such an extent
that
many stocks of sharks are depleted, and their future
sustainability may be endangered.

(6) Measures to restrict or prevent the further development of
the practice of shark finning are urgently required, and
the removal of
should
therefore be prohibited. In view of the practical difficulties
involved in the identification of species based on removed
fins, this prohibition should apply to all Elasmobranchs,
except for the removal of ray wings.

shark fins on board vessels

the removal

(7) However, the removal of shark fins on board may be
is in order to make a more
allowed if
efficient use of all shark parts by the separate processing
on board of fins and the remaining parts of the sharks. In
this case, the flag Member State should issue and manage,
with associated conditions, a special
in
accordance with Regulation (EC) No 1627/94 of 27
June 1994 laying down general provisions concerning
special fishing permits (2).

fishing permit

(1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1).

(2) OJ L 171, 6.7.1994, p. 7.

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(8) In order to ensure that all parts of sharks are kept on
board after the removal of fins, masters of vessels which
hold a valid special fishing permit should keep records of
the weight of shark fins and the remaining parts of sharks
after evisceration. Such records should be kept in the
logbook as provided for by Regulation No 2847/93 of
12 October 1993 establishing a control system applicable
to the common fisheries policy (1), or in a special register
as appropriate.

(9) The problems resulting from the practice of shark finning
extend well beyond Community waters. It is appropriate
that the Community shows equal commitment towards
stock conservation in all maritime waters. This Regulation
should therefore be applicable to all Community vessels.

(10) In accordance with the principle of proportionality, it is
necessary and appropriate for the achievement of
the
basic objective of conservation of shark stocks to lay
down rules on the removal of shark fins on board
vessels. This regulation does not go beyond what
is
necessary in order to achieve the objectives pursued in
accordance with the third paragraph of Article 5 of the
Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

It shall be prohibited to purchase, offer for sale or sell
2.
shark fins which have been removed, retained on board, trans-
hipped or landed in contravention of this Regulation.

Article 4

Derogation and special fishing permit

1.
By way of derogation from Article 3(1), and subject to
paragraphs 2, 3, and 4, vessels which hold a valid special
fishing permit may be allowed to remove shark fins on
board and to retain on board, tranship or land shark fins.

Such a special

2.
fishing permit shall only be issued to
fishing vessels, which have demonstrated a capacity to use all
parts of sharks, and have justified the need for the separate
processing on board of shark fins and the remaining parts of
sharks.

3.
Vessels which hold a valid special fishing permit shall be
prohibited from discarding at sea the remaining parts of sharks
after evisceration and removal of the shark fins. The removed
shark fins shall be retained on board, landed or transhipped
together with the corresponding weight of remaining parts of
sharks.

All shark fins and remaining parts of sharks on board a

4.
vessel shall be transhipped or landed at the same time.

Article 5

This Regulation shall apply to the removal of shark fins,
retention on board, transhipment and landing of sharks:

Ratio of weight of shark fins and remaining parts of
sharks and records

1. by vessels in maritime waters under the sovereignty or the

jurisdiction of Member States;

2. by vessels flying the flag or registered in Member States in

other maritime waters.

Article 2

Definitions

For the purposes of this Regulation, the following definitions
shall apply:

1.

‘shark fins’ means any fins of sharks including caudal fins,
but excluding the pectoral
rays which are a
constituent part of ray wings;

fins of

2.

‘shark’ means any fish of the taxon Elasmobranchii;

3.

‘special fishing permit’ means a prior fishing authorisation
issued and managed in accordance with Regulation (EC) No
1627/94.

Article 3

1.
For the purposes of the application of Article 4(3), the
weight of the shark fins shall not exceed 5 % of the total
weight of the remaining parts of sharks, after evisceration.

2. Masters of vessels which hold a valid special
fishing
permit shall keep records of the weight of shark fins and the
eviscerated remaining parts of sharks retained on board and
transhipped or landed.

These records shall be kept
in the logbook established by
Article 6(1) of Regulation (EEC) No 2847/93, where applicable.
For those vessels not subject to Article 6(1) of that Regulation,
these records shall be kept in a special register to be provided
by the competent authority issuing the special fishing permit.

Article 6

Entry into force

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Communities.

Prohibited activities

It shall apply from [60 days after publication].

It shall be prohibited to remove shark fins on board

1.
vessels, or to retain on board, tranship or land shark fins.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

(1) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by
Commission Regulation (EC) No 1965/2001 (OJ L 268, 9.10.2001,
p. 2).