United States v. Approximately 64,695 Pounds of Shark Fins
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''United States v. Approximately 64,695 Pounds of Shark Fins'' (520
F.3d The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by We ...
976) is a 2008 decision of the United States Court of Appeals for the Ninth Circuit concerning civil forfeiture in
admiralty law Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between priva ...
. Judge Stephen Reinhardt wrote for a three-judge panel that ordered that the shark fins be returned to their owners, reversing a decision by the Southern District of California. The government did not appeal the case further. The case began in 2002 when a Coast Guard crew working from a Navy ship stopped and searched the ''King Diamond II'', a U.S.- flagged, Hong Kong-based vessel in international waters off the coast of
Guatemala Guatemala ( ; ), officially the Republic of Guatemala ( es, República de Guatemala, links=no), is a country in Central America. It is bordered to the north and west by Mexico; to the northeast by Belize and the Caribbean; to the east by H ...
. On board the ship they found shark fins, equivalent to tons ( tonnes) but without any corresponding shark carcasses. The Coast Guard, upon further investigation, found documentary evidence that the ''KD II'' had arranged to meet fishing vessels at predetermined locations and buy various quantities of fins. These activities were believed to violate the Shark Finning Prohibition Act of 2000 (SFPA). The fins were thus seized and the ship escorted to San Diego, the nearest American port. Federal agencies filed charges against the ''KD II''s owner, operator and captain. They further sought forfeiture of the fins under ''in rem'' jurisdiction, resulting in the unusual case title. Judge
Barry Ted Moskowitz Barry Ted Moskowitz (born August 17, 1950) is a senior United States district judge of the United States District Court for the Southern District of California. Education and career Born in Paterson, New Jersey, Moskowitz received a Bachelor of ...
granted the order in 2005. The boat's owners appealed to the Ninth Circuit, which reversed Moskowitz's decision three years later. It held that the seizure was illegal: the ''KD II''s activities did not meet the definition of a fishing vessel under the Magnuson–Stevens Fishery Conservation and Management Act. Since it did not, under the SFPA, the fins could not have been lawfully seized on the high seas. In 2011, President Barack Obama signed the Shark Conservation Act into law, which closed these
loopholes A loophole is an ambiguity or inadequacy in a system, such as a law or security, which can be used to circumvent or otherwise avoid the purpose, implied or explicitly stated, of the system. Originally, the word meant an arrowslit, a narrow verti ...
.


Background

China's late-20th-century economic reforms produced a middle class that increased demand for traditional luxury items like shark fins. Chinese traditional medicine ascribes various restorative and healing effects to the fins, and the soup is considered a delicacy, costing as much as US$100 per bowl. The Chinese demand for fins led fishing crews to both take them from sharks in their
bycatch Bycatch (or by-catch), in the fishing industry, is a fish or other marine species that is caught unintentionally while fishing for specific species or sizes of wildlife. Bycatch is either the wrong species, the wrong sex, or is undersized or juve ...
and start fishing for sharks directly.Clarke, Shelley; ; April 16, 2008; United States House Committee on Natural Resources, p. 3; retrieved March 25, 2012. Shark populations began declining. Since they are predators near the top of the marine food chain, an umbrella species, playing an important role in maintaining ocean ecosystems, this could have serious adverse environmental consequences for marine
fisheries Fishery can mean either the enterprise of raising or harvesting fish and other aquatic life; or more commonly, the site where such enterprise takes place ( a.k.a. fishing ground). Commercial fisheries include wild fisheries and fish farms, both ...
. Campaigns began in many nations to prohibit or greatly curtail finning in both territorial and international waters and work toward international agreements on the practice. In the U.S., President Bill Clinton signed the
Shark Finning Prohibition Act The Shark Finning Prohibition Act was signed into law by Bill Clinton on December 21, 2000. It had forbidden finning by any vessels in the United States, U.S. Exclusive Economic Zone (up to offshore), and possession of fins by any U.S.-flagged f ...
(SFPA) into law in 2000 shortly before leaving office. It amended the Magnuson–Stevens Fishery Conservation and Management Act, the primary statute regulating
fisheries Fishery can mean either the enterprise of raising or harvesting fish and other aquatic life; or more commonly, the site where such enterprise takes place ( a.k.a. fishing ground). Commercial fisheries include wild fisheries and fish farms, both ...
in the U.S.'s Exclusive Economic Zone up to 200
nautical mile A nautical mile is a unit of length used in air, marine, and space navigation, and for the definition of territorial waters. Historically, it was defined as the meridian arc length corresponding to one minute ( of a degree) of latitude. Today ...
s offshore, to prohibit finning in U.S. territorial waters by any vessels, and the possession of fins by a U.S.-flagged vessel in international waters or the landing of any fins at a U.S. port without corresponding carcasses amounting to at least 20 times the weight of the fins. The
National Marine Fisheries Service The National Marine Fisheries Service (NMFS), informally known as NOAA Fisheries, is a United States federal agency within the U.S. Department of Commerce's National Oceanic and Atmospheric Administration (NOAA) that is responsible for the stew ...
(NMFS) was charged with promulgating and implementing regulations to enforce the act. During Congressional debate on the SFPA,
Eni Faleomavaega Eni Fa'aua'a Hunkin Faleomavaega Jr. (; August 15, 1943 – February 22, 2017) was an American Samoan politician and attorney who served as the territory's lieutenant governor (1985-1989) and non-voting delegate to the United States House of Repr ...
, non-voting Delegate to the House of Representatives from American Samoa, had expressed concerns about the lack of language barring vessels from engaging in transshipment of fins, such as purchasing those taken by other vessels on the high seas. To stop this, he introduced an amendment to the bill banning the possession of the fins without the carcasses by fishing vessels, as defined in the Magnuson–Stevens Act, and the landing of same by any vessel. Congress assumed that this language would be sufficient to accomplish its intended purpose. Rahall, Nick; ; United States House Committee on Natural Resources, p. 3; July 8, 2008; retrieved March 25, 2012.


Underlying dispute

On August 13, 2002, the U.S. Navy
destroyer In naval terminology, a destroyer is a fast, manoeuvrable, long-endurance warship intended to escort larger vessels in a fleet, convoy or battle group and defend them against powerful short range attackers. They were originally developed in ...
USS ''Fife'' was in international waters southeast of Acapulco, Mexico, when it observed the ''King Diamond II'', an U.S.- flagged vessel owned by Tran and Yu, Inc, a shipping company in Hong Kong, its home port.
United States v. Approximately 64,695 Pounds of Shark Fins
' (hereafter ''Shark Fins I''), 353 F.Supp.2d 1095, 1096 ( S.D. Cal., 2005).
The ''Fife'''s crew asked more questions over the radio. It learned that the ''KD II'', having sailed out of Honolulu some time ago, was on its way from Honolulu to
Guatemala Guatemala ( ; ), officially the Republic of Guatemala ( es, República de Guatemala, links=no), is a country in Central America. It is bordered to the north and west by Mexico; to the northeast by Belize and the Caribbean; to the east by H ...
. A Coast Guard detachment aboard the ''Fife'' confirmed that it was properly flying the U.S. flag. The Coast Guard was suspicious since the ship was low in the water, suggesting it was carrying heavy cargo, yet there were no cranes or other equipment that a legitimate fishing vessel would be expected to have. Instead there were several large shipping containers. Via radio, they asked the
Joint Interagency Task Force West Joint Interagency Task Force West (JIATF-W or JIATF West) is a standing United States military joint task force with the mission of combating drug-related transnational organized crime in the Indo-Asia-Pacific. JIATF West's area of responsibilit ...
, a consortium of various federal law enforcement agencies, for permission to investigate further, since smugglers and drug traffickers were known to use that route. After receiving permission to do so, the Coast Guard boarded the ''KD II''. The stench of decaying flesh quickly led them to a large quantity of shark fins. They were in bundles on the deck, the shipping container and filling most of the 40-ton (36-tonne) hold, where the ammonia odor was so strong that the Coast Guardsman who found them had to breathe through his mouth since it burned his nose. Since no corresponding carcasses could be found, the task force told the boarding party that this indicated a likely violation of the SFPA, and to consider the ship a crime scene as the fins were
contraband Contraband (from Medieval French ''contrebande'' "smuggling") refers to any item that, relating to its nature, is illegal to be possessed or sold. It is used for goods that by their nature are considered too dangerous or offensive in the eyes o ...
. Two days later, the Coast Guard
cutter Cutter may refer to: Tools * Bolt cutter * Box cutter, aka Stanley knife, a form of utility knife * Cigar cutter * Cookie cutter * Glass cutter * Meat cutter * Milling cutter * Paper cutter * Side cutter * Cutter, a type of hydraulic rescue to ...
''
Chase Chase or CHASE may refer to: Businesses * Chase Bank, a national bank based in New York City, New York * Chase Aircraft (1943–1954), a defunct American aircraft manufacturing company * Chase Coaches, a defunct bus operator in England * Chase Co ...
'' took over, escorting the ''KD II'' to San Diego. Along the way the investigation continued. The Coast Guard reported that the four-man crew was cooperative with the investigation, largely sitting back and watching television in the lounge. Since they claimed not to have finned the sharks themselves, they believed they had not done anything wrong. Ship's records revealed that the ''KD II'' had met fishing vessels, primarily Korean longline fishing boats, at prearranged locations on the high seas near
Fiji Fiji ( , ,; fj, Viti, ; Fiji Hindi: फ़िजी, ''Fijī''), officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. It lies about north-northeast of New Zealand. Fiji consists ...
and the Solomon Islands and bought fins from them for a total of $250,000. On an earlier voyage that summer, the ship had made $6 million from shark fins obtained the same way. Korean-language records from a broker on board indicated an ongoing operation, giving the names of other ships involved. The refrigeration unit on board had broken before the ship had left Honolulu, and the fins were out on deck in an attempt to dry them out and reduce the odor. In San Diego, the fins were unloaded and weighed. It took a crew of eight seven hours to unload all the fins, most of which had been tied into bundles weighing roughly 100 pounds (40 kg) each. They were put on trucks to be secured in a cold-storage facility as evidence pending the outcome of any legal proceedings. At 32.3 tons (29.3 tonnes), the total was more than twice the anticipated amount, making it the largest seizure of shark fins ever. It was estimated that the fins represented a total of 30,000 sharks taken.


Litigation

In early 2003 the National Oceanic and Atmospheric Administration (NOAA) Fisheries Office of Law Enforcement finished its investigation and charged Tran and Yu; Tai Loong Hong Marine Products Ltd., of Hong Kong, for whom the fins had been bought; and Chien Tan Nguyen, captain of the ''KD II'', with 26 counts of violating the SFPA. They were assessed fines of $620,000, the highest civil penalty ever levied for a violation of the act. Tai Loong believed that the government had exceeded its statutory authority by confiscating the fins. It argued that before Judge
Barry Ted Moskowitz Barry Ted Moskowitz (born August 17, 1950) is a senior United States district judge of the United States District Court for the Southern District of California. Education and career Born in Paterson, New Jersey, Moskowitz received a Bachelor of ...
, a federal district judge for the Southern District of California, who granted an
injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
against NOAA prohibiting it from selling the fins itself. The company and the agency then agreed that, in return for the former putting up a $775,000 bond, that it would take possession of the shark fins, although they remained in cold storage pending the outcome of the case. Tai Loong presold the fins for an amount almost equal to the fine against it. NOAA then initiated a civil forfeiture action with the bond substituting for the fins.''Shark Fins I'', at 1098.


District court

In 2004 the government went before Moskowitz seeking summary judgement. The case turned on whether the ''KD II'' was a fishing vessel under the SFPA. Early in 2005 he issued his ruling, holding that while it was not directly engaged in fishing it was nevertheless engaging in activities supporting fishing and thus also subject to the SFPA. He did not grant the forfeiture as NOAA had not moved for it yet. The SFPA deferred to the Magnuson–Stevens Act for its definition of a fishing vessel. According to that statute, a fishing vessel was one that either engaged in fishing, or "aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing." 16
U.S.C. In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
br>§ 1802(17)(A) and (B)
Moskowitz rejected NOAA's argument that the ''KD II'' was engaged in fishing and therefore a fishing vessel because, under its previous ownership, it had been equipped with
longline Long line or longline may refer to: *''Long Line'', an album by Peter Wolf *Long line (topology), or Alexandroff line, a topological space *Long line (telecommunications), a transmission line in a long-distance communications network *Longline fish ...
equipment and held a federal permit. That had lapsed shortly after Tran and Yu bought the ship and was no longer valid, so neither was the argument based on paper. "Whether the ''KD II'' is in fact a fishing vessel under he first definitiondepends on its configuration and how it was outfitted at the time of the seizure," he wrote. Since there was nothing in the record about that, he declined to decide the question on that grounds.''Shark Fins I'', at 1100–1101. There was more to consider when Moskowitz turned to the support aspect. "Simply put, the issue in this case narrows down to whether the ''KD II'' is a vessel which was used for, equipped to be used for, or of a type which is normally used for aiding or assisting one or more vessels at sea in the performance of ''any activity'' relating to fishing." On this question Moskowitz agreed with NOAA. By going from ship to ship to buy, store and transport the fins, the ''KD II'' and its crew "directly aided and assisted the foreign vessels in an expressly enumerated fishing activity under the statute." Moskowitz qualified his interpretation by disagreeing with the government's assertion that the mere purchase of the fins constituted an activity in support of fishing, pointing out that that would make into a fishing vessel any ship where someone aboard purchased a single fin for personal use. But in this case the ''KD II'' and its crew had acted as a middleman, "effectively br ngingthe shark fin market to the foreign fishing vessels at sea. This act, in and of itself, aided and assisted the foreign fishing vessels which no longer had to store, transport, and land their shark fins in order to sell them in the market." By doing so, they had saved time and money for the other fishing vessels they had taken fins from. He cited a document in the records, a communication between Tran and the Korean broker explicitly saying that a rendezvous "will save our time and cost" as proof.''Shark Fins I'', at 1102. "Commonsense suggests that buying fish from fishermen at sea for resale is an activity related to fishing under the SFPA," wrote Moskowitz. "Selling the fish at sea saves the storage, transportation and landing expenses necessary to bring the fish to market, thereby increasing the profitability of the voyage. By going from ship to ship purchasing a total of 64,695 pounds of shark fins for resale in the wholesale market, the ''KD II'' aided and assisted an activity related to fishing within the plain meaning of the statute and became a 'fishing vessel.'" Moskowitz found reinforcement in the NMFS regulations implementing the SFPA. "The prohibition of landing shark fins without corresponding carcasses extends to any vessel (including a cargo or shipping vessel) that obtained those fins from another vessel at sea," their
preamble A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...
read. "Any such at-sea transfer of shark fins effectively would make the receiving vessel a 'fishing vessel,' as the receiving vessel is acting 'in support of fishing.'" Tai Loong had claimed that language applied only to vessels landing shark fins, and not just those possessing them as the ''KD II'' had at the time of its interdiction, but Moskowitz responded that the use of "any" indicated a broader reach.''Shark Fins I'', at 1104. The bill's legislative history showed that Congress had intended that broad reach. Senator Ernest Hollings had, in opposing the bill, worried that it might bar American ships from the shark fin trade entirely. The Congressional Budget Office had found that the bill enacted a mandate to that effect in its report to the House of Representatives. "Thus, the legislative history confirms that the SFPA applies to the KD II and its possession of 64,695 pounds of shark fins," wrote Moskowitz.''Shark Fins I'', at 1105. Lastly, Tai Loong had argued, even if the ''KD II was'' a fishing vessel under the statute, the interplay between two sections of the SFPA and its implementing regulations rendered them
unconstitutionally vague In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand, and a constitutionally-protected interest cannot tolerate permissible activity to be chilled within the ran ...
, making it impossible for it to easily determine whether the statute applied to the ''KD II''. It argued that this failure of the government to thus provide adequate notice that the law would be enforced against such vessels was a violation of their right to
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
. Moskowitz found the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
's decision in '' Hoffman Estates v. The Flipside''''
Hoffman Estates v. The Flipside, Hoffman Estates, Inc. ''Hoffman Estates v. The Flipside, Hoffman Estates, Inc.'', 455 U.S. 489 (1982), is a United States Supreme Court decision concerning the vagueness and overbreadth doctrines as they apply to restrictions on commercial speech. The justices unanimous ...
'', .
relevant to his analysis. There, the Court had reversed the Seventh Circuit and upheld a
local ordinance A local ordinance is a law issued by a local government. such as a municipality, county, parish, prefecture, or the like. China In Hong Kong, all laws enacted by the territory's Legislative Council remain to be known as ''Ordinances'' () af ...
imposing restrictions on the sale of
drug paraphernalia "Drug paraphernalia" is a term to denote any equipment, product or accessory that is intended or modified for making, using or concealing drugs, typically for recreational purposes. Drugs such as marijuana, cocaine, heroin, and methamphetamin ...
. Like the SFPA, Moskowitz observed, that ordinance, too, had been enforced only with civil penalties, and was primarily an economic regulation aimed at business activity, which businesses can reasonably be expected to study and prepare for. "Accordingly, the SFPA provisions do not merit
strict scrutiny In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate th ...
for vagueness."''Shark Fins I'', at 1106-07. Under a lesser standard, Moskowitz strongly rejected the vagueness argument. " e fishing vessel definition here is patently broad on its face," he wrote. "So broad, in fact, that an ordinary person of reasonable intelligence would think that the ''KD II'''s activities would probably be included in the blanket fishing vessel definition rather than exempt from it ... Commonsense indicates that picking up fish or its parts at sea aids fishing and thereby renders the vessel within the express definition of a 'fishing vessel' under agnuson–Stevens" He found further that the publication of the SFPA regulations by the NMFS in the ''
Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on feder ...
'' constituted constructive notice to Tai Loong. "A reasonable person in the shark fin business would be aware of the SFPA's application to the ''KD II'''s activities."


Appeals court

Tai Loong appealed, working out stipulations with NOAA to expedite that process. Foremost among them was an agreement on the market value of the fins, $618,956, to be forfeited if the appeals court ruled in the government's favor. The district court granted the forfeiture in the middle of 2005, and the case went to the Ninth Circuit Court of Appeals.
United States v. Approximately 64,695 Pounds of Shark Fins
' (hereafter ''Shark Fins II''), 520 F.3d 976, 979 (
9th Cir. The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District o ...
, 2008).
Judges Stephen Reinhardt, Raymond C. Fisher and Richard R. Clifton (nominated to the court by presidents Jimmy Carter, Bill Clinton, and George W. Bush respectively) were empaneled to hear the case. After oral arguments in May 2007, they announced their decision ten months later, in March 2008. Unanimously, they reversed Moskowitz and ruled that the ''KD II'' was not a fishing vessel, therefore the fins had not been lawfully seized. "In this case," wrote Reinhardt, "we find nothing in the plain meaning of
he statute He or HE may refer to: Language * He (pronoun), an English pronoun * He (kana), the romanization of the Japanese kana へ * He (letter), the fifth letter of many Semitic alphabets * He (Cyrillic), a letter of the Cyrillic script called ''He'' in ...
that would provide notice to the owners of the ''KD II'' that its activities would render it a fishing vessel." He read the text of the statute closely to show where Moskowitz had erred. Indeed, the ship had "refrigerate store and transport d the fins, but the governing words were "aid and assist". Reinhardt cited dictionary definitions of both words as "generally connot ngdoing an act for the benefit of another." He explained at length why the purchase of an item does not constitute aid or assistance to the seller: He noted that "purchase" was not specifically included as a support activity in the statute.''Shark Fins II'', 980–981. For the same reasons, Reinhardt rejected Moskowitz's finding that, specifically, the purchase of the fins at predetermined locations on the high seas aided the fishing vessels the ''KD II'' purchased the fins from, since it was at all times acting on its own interests. " tmay have been beneficial or even necessary to those vessels' business operations, but the choice did not change the nature of the purchasers' actions in any respect," he observed. "They still purchased the fins, stored them and transported them for their own commercial purposes. From the standpoint of the purchaser, any benefit to the seller was incidental." Even the letter to the broker specifically stating that the at-sea purchases would save "time and expense" was not convincing. While the court recognized Congress's intent to curtail and eventually eliminate shark finning by passing the SFPA, "the broad purpose of the Act provides no help to the government with regard to the issue on appeal," Reinhardt wrote. He turned finally to the regulations, where he pointed out that Moskowitz had applied the language from the preamble too broadly. " context, tsuggests the opposite." Instead of being a case of a vessel with shark fins bound for an American port, the case was instead covered by the regulations on possession, since the ''KD II'' was bound for a ''foreign'' port, and those provisions were specific to fishing vessels. "Where an agency includes language in one section of the regulation and omits it in another, it is reasonable to presume that the agency acted intentionally in forgoing the language," he wrote, paraphrasing parallel Supreme Court precedent regarding Congressional intent."''Shark Fins II'', 982–983. "Taken together," Reinhardt concluded, "the regulations and the preamble may be reasonably read to provide notice that vessels that engage in at-sea transfers of fins, are prohibited from landing shark fins in a U.S. port, but they do not provide notice that such vessels are prohibited from possessing fins for the purpose of making a delivery to a foreign port." He also noted that the preamble had language stating it was not the NMFS's intent to interfere with international trade. "Under the circumstances, a reasonable person would not have fair notice that the activities of the ''KD II'' would render it a fishing vessel under
he statute He or HE may refer to: Language * He (pronoun), an English pronoun * He (kana), the romanization of the Japanese kana へ * He (letter), the fifth letter of many Semitic alphabets * He (Cyrillic), a letter of the Cyrillic script called ''He'' in ...
As a result, we hold that the district court's application of the possession prohibition of the SFPA to the ''KD II'' as a fishing vessel ... violated due process."


Shark Conservation Act

Within a month of the decision,
Madeleine Bordallo Madeleine Mary Zeien Bordallo (; born May 31, 1933) is an American-Guamanian politician who served as the delegate to the U.S. House of Representatives for from January 3, 2003 to January 3, 2019. She is the first woman ever to serve as Guam's ...
, Delegate from Guam, introduced the Shark Conservation Act in the U.S. House to close the loophole created by the decision. It eliminated the fins-to-carcass ratio entirely and replaced it with language forbidding ''any'' U.S.-flagged vessel, not just a fishing vessel, from carrying shark fins not naturally attached to the corresponding carcass, mirroring a law already adopted by Hawaii. In his later report on the bill, Rep. Nick Rahall, the committee chair, said that Congress had believed in 2000 the language of Magnuson–Stevens was sufficient to prevent transshipment. The new legislation's primary purpose, he stated explicitly, was to close the loophole the decision opened.''Report 100-740'', 3. The bill was referred to the Natural Resources Committee, which then referred it to its Subcommittee on Fisheries, Wildlife and Oceans, chaired by Bordallo. Hearings were held a week later, at which Shelley Clarke, a researcher at Imperial College London who studies the shark-fin trade, observed that transshipment operations such as the ''KD II'''s were common and would likely continue as the competition in Hong Kong, the industry's traditional center, grew more intense. While the transshipment ban was an effective response to the decision, she suggested that shipments of
containerized Containerization is a system of intermodal freight transport using intermodal containers (also called shipping containers and ISO containers). Containerization is also referred as "Container Stuffing" or "Container Loading", which is the pro ...
fins be allowed if they had been separated from their carcasses after landing.Clarke, 5–6. In the report, Rahall did not directly criticize the court, but
Don Young Donald Edwin Young (June 9, 1933 – March 18, 2022) was an American politician from the state of Alaska. At the time of his death, he was the longest-serving Republican in congressional history, having been the U.S. representative for for ...
of Alaska, the committee's ranking member, did. In a section for additional views at the end of the report, he called the Ninth Circuit's decision "mistaken." The ''KD II'''s action "was clearly a violation of the Act, but the court ruled otherwise," he wrote. "The court was clearly wrong in their decision and I am glad that we are overriding the court decision in this case."''Report 100-740'', 10. In June the subcommittee met to mark up the bill. Bordallo's amendment tightening the language prohibiting vessel transport of fins was passed by voice vote. A week later the full committee, after adding an amendment by Faleomavaega requiring that fins be attached to the carcasses, sent the bill to the full House.''Report 100-740'', 5. In July it was passed by voice vote and referred to the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, where it was sponsored by John Kerry of Massachusetts. It was read twice and referred to the Committee on Commerce, Science and Transportation. No further action was taken before the 110th Congress adjourned, and the bill died. Bordallo reintroduced it, as amended, at the beginning of the next Congress. It gained 30 cosponsors, bypassed the committee stage and was passed by voice vote in March 2009. Kerry reintroduced it in the Senate a month later; it eventually gained 33 cosponsors there. The Senate Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard held hearings on the bill in June. The Senate report, by Jay Rockefeller of West Virginia, reiterated that "The bill would clarify in statute what was already popularly understood to be the scope of application of the SFPA" prior to the case, but did not otherwise make any commentary regarding it. Rockefeller, John D. IV; ; February 4, 2010; p. 6; retrieved March 27, 2012 A group of shark attack survivors visited senators' offices to lobby for the bill in July. It was passed near the end of the year and signed into law by President Barack Obama on January 4, 2011.


See also

*
List of environmental lawsuits On this page, ''environmental lawsuit'' means "a lawsuit where the well-being of an environmental asset or the well-being of a set of environmental assets is in dispute". Also on this page, ''lawsuit with environmental relevance'' means "a laws ...


References


External links

* {{good article 2008 in the environment 2008 in United States case law United States Court of Appeals for the Ninth Circuit cases United States admiralty case law United States environmental case law United States statutory interpretation case law United States civil forfeiture case law Shark finning United States in rem cases