San José, Costa Rica. 1/26/2012. Appeals Court upholds last year’s sentence for shark-finning by the Criminal Court of Puntarenas
Cutting the fins off a shark and tying them to its body is considered shark-finning, according to a sentenced issued by the Criminal Court of Puntarenas in March 2011, which was upheld last Thursday by the Court of Criminal Appeals of San Ramón.
The sentence from the Court of Appeals in San Ramón upholds the criminal conviction of two years imprisonment handed down last year by the Criminal Court of Puntarenas to the captain of the vessel Hung Chi Fu XII.
The MarViva Foundation called the confirmed sentence a historic, groundbreaking judgment, given that a judicial body has developed a solid concept of shark-finning, focusing on the protection of this species at the top of the marine food chain, with recognition here by a higher court of the analysis and groundwork laid.
The ruling opens an opportunity to have a line of case law confirming that the crime of landing shark fins occurs when fins are brought in that are not attached to the shark body in the natural way, even though the current offense does not say this expressly.
“With this ruling it is clear that the crime of shark finning in Article 139 of the Fisheries and Aquaculture Law occurs when the fins are not adhered to the body of the shark in the natural fashion,” said MarViva Political Advocacy Manager Viviana Gutiérrez.
Therefore, if a fisher wants to catch sharks, he must bring them to port with the fins still attached to the body in the natural way. If he does not obey, he must refrain from shark fishing or risk being punished with a monetary fine or the confiscation of his vessel.
This was the first case heard in the courts, since the landing of seafood products at private docks by foreign vessels was banned.
“The sentence is absolutely positive, since it rejected the allegations of the Taiwanese captain’s defense attorney, and accepted the demands of the Attorney General of the Republic,” stressed the MarViva representative. She added further that “it recognizes the work carried out by the Inspection Office of Puntarenas, and the commitment it took on in this important process, which was key to achieving this ruling and now its confirmation, by the Appeals Court.”
For his part, MarViva General Director Jorge Jiménez emphasized that the ruling “opens the possibility that the Puntarenas judge reconsider the seizure of the vessel Hung Chi Fu XII”.
“We are pleased that with these measures the possibilities for abusive and irresponsible exploitation of sharks will be prevented and they will be effectively protected,” said Jiménez.
The judges also stressed the need to fight any practice that is detrimental to the sustainability of the fishing resources in Costa Rica. END.
For more information:
Cinthya Flores Mora
Regional Communications Manager
MarViva Foundation
San José | Costa Rica
T +506-2290-3647 | Ext. 7030
www.marviva.net
Facebook: https://www.facebook.com/FundacionMarViva
Twitter: https://twitter.com/Marvivacr
1/26/2012
Panama City. 25/Jan/12. In order to put out a call to discourage the consumption of newborn and juvenile sharks in Panama, the Aquatic Resource Authority of Panama, the Smithsonian Tropical Research Institute (STRI), the Regional University Center of Veraguas-CRUV of the University of Panama, artisanal fishers of Chiriquí province and the MarViva Foundation have joined forces to make an important step toward ensuring the health of the seas.
Panama City. Representatives from the government sector, the National Council of Workers, private enterprise and members of the environmental sector of Panama participated on a Panel to discuss the results of the 2011 Report on Human Development, entitled “Sustainability and Equality: A better future for all.”
![]() |
Members of the Osa Conservation Area Intersectoral Marine Commission met to hear the presentations of Randall Viales, Manager of Science and Communities for MarViva, and Jorge Cole, Coordinator for Communities. | © MarViva |
San José, Costa Rica.- A novel new methodology for prioritizing actions to resolve conflicts associated with the uses of the sea was revealed by the MarViva Foundation, Costa Rica, to the Osa Conservation Area Intersectoral Marine Commission (CIMCA in Spanish).
The methodology, based on the identification of areas of biological importance, will help facilitate Marine Spatial Planning processes toward the sustainable use and conservation of coastal and marine resources.
Trawling gear is very destructive to the seabed, where 90% of the catch is bycatch, most of which is discarded. This fishing method is prohibited in Golfo Dulce. Photo © MarViva / Cinthya FLORES |
San José, Costa Rica. 14/11/2011.- The MarViva Foundation drew attention to the existence of a hearing that aims to reauthorize artisanal trawling in Golfo Dulce, which would reverse the progress made for the protection of the marine environment in that area.
Although Article 47 of the Fisheries and Aquaculture Law allows shrimp trawling, the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) has the power to set measures to regulate and even eliminate trawl use in certain areas.
In fact, it was in 2010 when a Marine Responsible Fishery Area was created in Golfo Dulce, where shrimp fishing using trawls was prohibited.