January 9, 2009

Sharks Gain International Legal Protection

Humane Society International

Sharks are in serious trouble. The high commercial value of shark fins for shark fin soup provides a strong economic incentive to fight legal protections necessary to stop rapid population declines. At a recent conservation treaty meeting, Humane Society International (HSI) staff successfully lobbied for better safeguards for some shark species and steps towards broadening global protection.

Fate of four species

At the recent meeting of the Convention on Migratory Species (CMS), which addresses the need for international cooperation in the conservation of migratory wildlife species, member governments agreed that four species of shark merited special attention because of their “unfavorable” conservation status. In other words, these species are in grave danger.

Proposals submitted by the European Union and Croatia to list spiny dogfish (Squalus acanthias), the porbeagle (Lamna nasus) and the shortfin and longfin mako sharks (Isurus oxyrhincus and Isurus paucus) on Appendix II of the Convention, were controversial from the outset.

Reasons for debate

Sharks are the first highly commercial species that have been proposed for listing. While few countries would oppose the protection of gorillas or zebras, the widespread and lucrative commercial exploitation of fish species means that any proposal to conserve them faces considerable opposition.

Additionally, some countries in the southern hemisphere, while agreeing that northern hemisphere populations of the spiny dogfish and porbeagle are clearly threatened, believe that there are insufficient data to show a similar threat to southern hemisphere populations.

All four of these shark species are prized for their meat and fins, and are subject to heavy fishing pressure and other threats as they migrate through the waters of numerous countries. Data from the North Atlantic in particular reveal serious population declines.

A positive outcome

After a great deal of lobbying by HSI and other NGOs to counter the strong opposition by New Zealand, Argentina and Chile, the Parties agreed to list the porbeagle, both mako species and the northern hemisphere population of spiny dogfish on Appendix II. If the listings are implemented by the range states, this should prompt management protocols for putting protective regulations in place.

A global agreement for sharks

The CMS meeting was immediately followed by another, specially-convened meeting to discuss an agreement made in 2007 to establish a global conservation instrument for sharks. Two key questions remained to be answered: should the instrument be legally-binding, or purely voluntary? And should it cover only the three species (whale, basking and great white sharks) listed on the Appendices in previous years, or should the four newly-listed species also be included?

HSI and other NGOs were keen to see a legally-binding instrument but, despite strong intervention by Kenya, the majority of Parties were of a different view and it was agreed by consensus that the instrument should be voluntary. This was a disappointing outcome as to date, virtually all voluntary initiatives for sharks have resulted in a lack of action.

Hope for next time

New Zealand and others did not want to include the newly-listed species in the instrument, while the European Commission spoke strongly in favour of including them. Unfortunately, no agreement was reached at this meeting, and no final text was produced. The final text will eventually include an Action Plan, to be drafted by an intersessional working group—including HSI—over the coming 11 months. A further meeting is scheduled for November 2009, and it is hoped that the text and Action Plan will be finalized then. We will work to make the Action Plan as strong as possible and to continue to increase protection for sharks in this and other international legal instruments as well as in countries’ domestic regulations.