Shark Finning in Costa Rica…More of the Same
Shark finning and the illegal landings by foreign vessels at private
docks have returned to Costa Rica.
Recently, on November 22, 2004, Customs had finally applied the law and
halted foreign vessel landings at private docks after years of pressure
from over 75,000 citizens, a majority of members of the Costa Rican
Congress who signed a petition to the President, shark experts, as well
as national and international organizations.
However, Taiwanese dock owners in Costa Rica quickly complained.
During the Christmas 2004 holidays, Customs caved in to Taiwanese
complaints and quietly began passing resolutions to once again allow
Taiwanese and other foreign fishing vessels to illegally land at private
docks in violation of Customs law. Then on January 24, 2005, Customs
quietly passed a broad reaching resolution allowing all foreign vessels
to land at any private dock, facilitating and prolonging the shark
finning problem in Costa Rica.
Customs Manager, Omar Jimenez Camareno, has been writing the
resolutions. Some of the resolutions contradict one another. In the
November resolution Camareno points out that according to Customs Law he
cannot grant indefinite or permanent authorizations for private docks
and that foreign vessels may only land at private docks in exceptional
cases which deviate widely from the norm. However, in the resolution he
passed on January 24, 2005 he grants authorization to private docks for
an undefined length of time, thus condoning illegal landings by foreign
vessels which for years, during Mr. Camareno’s entire tenure, have
occurred on a daily basis.
“Once again Customs is choosing to represent Taiwanese shark fin
interests rather than apply the law and defend the public interest,”
says Randall Arauz, President of PRETOMA.
“The Customs Law says foreign vessels must land at public docks and can
only land at private docks in exceptional cases because the public
interest cannot be protected behind the high walls and razor wire at the
private docks. However, for eight years, Customs has allowed illegal
landings by foreign vessels at private docks to be the norm.”
Customs claims that public docks are lacking in Costa Rica and therefore
the private docks must be used. However, Customs has had over 8 years to
make minor repairs to the public dock in Puntarenas but has done
nothing.
Furthermore, public docks exist in other Pacific Costa Rican ports.
Therefore, there is nothing inhibiting foreign vessels from landing at
public docks in compliance with the law.
Over a year ago, PRETOMA filed a lawsuit at the Constitutional Court
against Customs for allowing foreign vessels to land at private docks.
The Court has not ruled on the case. A criminal case has also been filed
against Mr. Camareno in the Puntarenas Court.
“Costa Rica recently celebrated Congressional approval of a new Fishery
Law which bans shark finning and the landing of shark fins,” says Noah
Anderson of PRETOMA. “That ban is a moot point now, because you can’t
enforce laws at private docks. Inspectors don’t have free access and
when the National Ombudsman recently attempted to enter the largest
Taiwanese owned dock he was turned away at the front door.”
From 2001 to 2003, Costa Rica had a shark finning ban equal to that in
the new Fishery Law. On paper it was considered by shark experts to be
the most progressive shark finning ban in the world. However, given that
Customs was allowing foreign vessels to illegally land at private docks
and the result, the ban could never be enforced and fin landings of up
to 30 tons occurred on a regular basis. Likewise, if Customs continues
to allow foreign vessels to land illegally at private docks the new
Fishery Law will be impossible to enforce.
“The key to the shark finning issue in Costa Rica is the private docks,”
says Arauz. “Until Customs enforces the law at private docks, any shark
finning ban is just a paper tiger and the Costa Rican Fishery Law cannot
be enforced. Costa Rican President, Dr. Abel Pacheco must take action
now. The Costa Rican government cannot claim to lead regional efforts
for conservation and sustainable use of ocean resources, while it
simultaneously ignores national laws in order to facilitate the
Taiwanese shark finning industry.”
PRETOMA (Programa Restauración de Tortugas Marinas) is a Costa Rican
non-profit, non-governmental, marine conservation organization that
works to promote responsible fisheries and protect sea turtles, sharks
and marine biodiversity. Contact
info@tortugamarina.org.
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