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It's been a week for sharks, particularly in California. Governor Jerry Brown signed AB 376 into law which bans the trade and possession of shark fins in California. This was a critical piece in a mosaic of shark fin distribution in the northern Pacific ocean.
As reported by COARE (Center for Oceanic Awareness Research and Education), "California's ban complements bans in place in Hawaii, Washington, and Oregon, effectively shutting the west coast of the United States to fin traders. It is estimated that the United States is responsible for 70% of the world's fin imports outside of Asia. With a staggering 85% of those U.S.-bound fins passing through California, AB 376 will have a tremendous impact on shark conservation."
Now we must watch for where the next distribution hubs will appear - there's too much at stake financially for some of these shark fin distributors to simply throw in the towel. And there is also the concern over illegal activities.
But the tide does seem to be turning and other nations are considering tighter regulations or out right bans on shark products. My personal concern is that, for some of the general public, sharks have become the cause d'jour and while there are some hard working advocates who, I am sure, will keep the fires burning for more conservation and regulation, I worry that the general public might tire of the cause - in today's Information Age, attention spans can dry up in the blink of an eye - and without public support, commercial shark fishing lobbyists and business representatives will jump on the opportunity to sway politicians in their favor. Only time will tell.
"The world has been watching and waiting. With similar efforts underway in parts of Canada, and with a ban proposed in China, California's efforts hopefully will ripple into many other places," said COARE.
However, one avenue whereby people can appreciate sharks up close in the wild may soon be curtailed or at least limited. Australia is one of three or four primary locations in the world where people can cage dive to view great white sharks. But Australia's ABC News reports that there 
are new findings that white sharks are staying in close to coastal areas, where they are often baited for the shark diving operators, and anecdotal reports of an increased number of shark/surfer encounters has some saying that the number of operators should be halved from four to two and that the number of days in which they can chum for sharks should also be reduced. (Click image to view video.)
There have been studies, both in Australia and Hawaii, that show that the sharks' response to chumming over a given period is a transitory behavior and does not equate into 1.) a significant change in the shark's normal feeding behavior and 2.) that the sharks do not equate the boat-supplied food with humans. However, some thought should be given to the fact that in Australia, they are currently chumming for white sharks as much as 270 days a year - double that of just a few years ago.
On a personal note, today I am leaving for San Diego, California to embark on my seventeenth trip to Isla Guadalupe off the coast of Baja, Mexico, compliments of Shark Diver. Isla Guadalupe is one of the world's premier sites for viewing great white sharks. A population migrates to the 
island in the fall months and though Mexican government regulations have greatly scaled back any baiting of the sharks, there are still plenty of encounters to keep the cage-bound divers thrilled and satisfied. I will be accompanying my friend and photojournalist, Budd Riker on his inaugural trip as he takes notes and pictures for a future photo magazine article.
While some zealous Mexican conservation groups have expressed concern that the shark diving operators at Isla Guadalupe have, over the years, disrupted the normal behavior of these sharks; in the seven years that I have been coming to the island I have yet to see any evidence or reason for concern. When the sharks were more vigorously chummed and baited in the past, the sum total of what they consumed was a mere drop in the bucket compared to the normal requirements for their diet which, for adults, consists of primarily seals and sea lions. And as the sharks would inhabit the waters around Isla Guadalupe for just three to four months, it is reasonable to assume that they didn't spend the next eight months wasting away, waiting for when they would return to Mexican waters for some leftover fish parts.
So, I will be heading out in just a few minutes and will post a follow up when I get back in a few days. In the meantime, shark advocates, no time to rest on our California legislation laurels. There's still more work to be done.
Shark conservation has taken a step forward right in my backyard. On Monday, the California assembly passed AB376 which prohibits the sale, distribution, and possession of shark fins. This is essentially the same legislation that was passed in Hawaii and Washington state and is making similar progress in Oregon.
Introduced by Assemblymembers Paul Fong (D-Cupertino) and Jared Huffman (D-San Rafael), the legislation was passed by a wide margin (62 to 8) and will now move on to the state Senate. If it succeeds in the Senate, it will most certainly by signed into law by Governor Brown, becoming effective on January 1, 2013.
But the measure did not progress without opposition. At the outset, opposing groups raised issues of cultural and ethnic prejudice. Since the vast majority of shark fin products are used in Asian markets for shark fin soup, the race card was heavily played by those representing either Asian constituencies or economic interests. However, opposition based on trumped up charges of racial discrimination did not dissuade Assemblymember Fong.
"I knew when I accepted the responsibility (of authoring this bill) - I weighed the cultural implications versus the environmental concerns, and the environmental issues outweighed the cultural," Assemblymember Fong said.I had the pleasure of screening my documentary, Island of the Great White Shark, at the state Capitol two years ago at the invitation of Assemblymembers Jared Huffman and Nathan Fletcher 
as a fledgling precursor to the legislative achievement that has now been achieved. Assemblymember Huffman recognized the cultural shift that was being asked of the Asian community, where expensive shark fin soup is highly prized for special events and is often considered a sign of wealth or status. But he too felt that the environmental benefits outweighed the cultural ones.
“We have a role in helping our seas recover their balance - a role shared by our friends in Washington State, whose Governor signed a similar ban into law two weeks ago, and Oregon, which is considering a ban in its Legislature as we speak. Sharks belong at the top of the marine food web, and we can help restore them by passing AB 376,” said Assemblymember Huffman.
With passage of legislation in Hawaii, California, Washington, and Oregon, a major avenue in the eastern Pacific for shark fin distribution would be closed.
“Just as we banned the cultural tradition of foot binding, the tradition of eating shark fin soup served to show one’s affluence needs to end as well,” said Assemblymember Fong. “I am honored that the California State Assembly recognized what 76 percent of Californians and 70 percent of Chinese American voters in California have already recognized – that sharks are critical to the ocean’s health. Furthermore, our state and federal laws against finning are toothless in international waters – that’s why these efforts to stop the importation and demand here in California are so urgent.”
Supporters of the bill include The Asian Pacific American Ocean Harmony Alliance, actors Leonardo DiCaprio and Edward Norton, Master Chef Martin Yan, Chef Charles Phan of the Slanted Door, the Monterey Bay Aquarium, California Academy of Sciences, The Humane Society of the United States, WildAid, SeaStewards, Oceana, Natural Resources Defense Council, California Coastkeeper Alliance, Pacific Environment, Defenders of Wildlife, Environment California, Ocean Conservancy, Food Empowerment Project, and Heal the Bay.
However, while AB376 has now been passed by the state's lower house, the battle is far from over. Rest assured that opponents of the bill will double their efforts to prevent passage in the state Senate. So, if you are a California resident and you feel that preservation of one of the ocean's most vital predators is worthwhile, then please contact your local state Senator, urging them to support AB 376.
Click here to help find your local California state Senator's mailing address, email, and phone number.
Here is an interview by 8Asians.com with Assemblymember Fong discussing AB376:
Building the need for shark conservation, one piece of legislation at a time, there are two important shark fin bills - one for Guam and the other for the Northern Mariana Islands - that are coming to a head and could use the support of those who feel that the rapid depletion of the worldwide shark populations due to industrial shark fishing must come to an end. Both of these bills have strong supporters within the island governments but there is also strong resistance from fishing interests and lobbying from shark product distributors.
I received an email today from Stefanie Brendl who, as a Hawaiian shark diving operation owner, worked diligently to support the Hawaiian ban of shark fins that was passed in May, 2010. Following many email conversations over the past few years, I was pleased to have Stefanie be on the shark conservation panel I organized for the BLUE Ocean Film Festival in Monterey, CA last August. At the time, she was in discussions with WildAid and other major NGOs on how to capitalize on Hawaii's bold move to protect sharks and export "anti-shark fin fever" to other countries. She has been a very busy person ever since.
Here is her latest update on the status of the Guam and CNMI (Commonwealth of the Northern Mariana Islands) legislation. They both could use your written support - not bellicose rants, mind you, but respectful and well-thought out, intelligent responses. And a few well-chosen facts or scientific references wouldn't hurt either - politicians respond to data as well as opinions.
Time again for more shark fin bill action!
Some of you will have already heard about the shark fin bills (based on last years Hawaii fin bill) in progress in Guam and the CNMI (Commonwealth of the Northern Mariana Islands).
CNMI
CNMI legislator Diego Benavente introduced almost the exact same bill as Hawaii last August, prohibiting possession and trade of shark fins. The measure has traveled through the House and Senate and has made it to Governor Fitial's desk, waiting to be signed into law. The opposition has mounted a last minute full blown effort to kill this bill. All hands are needed to help this bill take the last hurdle.
When Senator Hee and I were there in December, Governor Fitial stated that he would be in support, but lobbying by opposition has caused a delay of the signing and has endangered passage of this bill. Short, but powerful statements from all Shark and Ocean conservation organizations will help push this over the finish line.
We didn't need it until now.
But its time to bring everything we have to the table! Passage of this bill is key to setting the pace in the region. With Guam and other Islands considering shark fin legislation it is imperative that this bill will pass into law!
So please take a few minutes to urge Governor Fitial to sign bill HB 17-94
Deadline: Now
Send email or call
fitial@yahoo.com
(670) 664-2282
(CNMI time zone is GMT +10)
GUAM
Vice Speaker BJ Cruz and Senator Rory Respicio of the Guam legislature introduced a similar measure last week. see attached bill 44-31.
Strong opposition is already mounting in Guam, mostly from the fishing community and some members of WESPAC (Western Pacific Fisheries Council, the regional Fisheries Management Organization). Some of this opposition is based on the misunderstanding that this bill will affect local fishermen, but as they do not fin sharks, (which is now illegal due to the Federal Shark Conservation Act), this bill will not hinder their fishing activities. It will disrupt the commercial take of sharks and fins, which is beneficial to all fishing communities.
Explaining your view on why sharks are important to the ocean eco system and why such legislation is necessary in the form of testimony will be most valuable.
The first scheduled public hearing will be next week on Feb 1st. In order to get traction for this bill we need as many supportive statements as possible submitted before the hearing. See message and instruction from Senator Cruz' office below. I have attached the bill and the hearing notice.
Message from Senator Cruz' office
Please find enclosed in the attachment the memo related to the time and date for the Public Hearing for Bill No. 44-31 (COR). The hearing is for 5:30PM on February 1, 2011. Please attend this meeting and submit as much written and oral testimony and supporting data as possible. The best way to neutralize the opposition and support the environment is to turnout in mass numbers with knowledge and information.
Please submit written testimony, scientific documentation, essays, and petitions to the address below. Please Cc Mike Lydia when you send electronic documents and feel free to drop documents at the Office of Vice Speaker Cruz so that they may be transmitted to the Office of Senator Respicio.
(Guam time zone is GMT +10)
Honorable Rory J. Respicio
Majority Leader
Suite 302
155 Hesler St.
Hagåtña, Guam 96910
Ph.: (671) 472-7679/3545/6
Fax: (671) 472-3547
e-mail: roryforguam@gmail.com
Committee on Rules, Federal, Foreign & Micronesian Affairs, and Human & Natural Resources
Mike Lydia email: mike.lidia@senatorbjcruz.com
Learn more about the CNMI legislation on its supporters' Facebook page.
Learn more about the Guam legislation from Shark Defenders.
And speaking one more time of sharks, today turned out to be a landmark day for Hawaii and all of the islands' proponents of shark conservation. As reported in Pete Thomas' blog, the state's proposed shark fin ban, SB 2169, was signed today by Governor Linda Lingle.
I have reported on the progress of this important legislation in past posts (click here and here) and now it is finally a done deal. While nation's bicker over whether to curtail the lucrative shark fin market, perhaps the future lies in regional efforts such as Hawaii's.
Whatever the future may hold, this is at least a moment of celebration for the sharks and the oceans of the world!
Read Pete Thomas' blog post.
On the shark conservation front, there are interesting news items out of Hawaii.
Some time ago, there was a growing movement afoot to eliminate all shark diving at the islands (see prior post). This all came about through one man's poorly thought-out attempt to establish a new operation 
in an area close to a large populace of recreational ocean users. Badly handled public relations triggered a firestorm of protest, based on emotional rationales, fear, and highly disputed assumptions. But the island of Maui was able to pass an ordinance banning any potential shark ecotourism operations and established operators in Oahu were similarly threatened. Hard work on the part of Oahu's operators, particularly Stefanie Brendl of Hawaii Shark Encounters, got legislators to see the weaknesses of opposition arguments and the potential for lost tourism revenue. So, for now, the furor seems to be subsiding in Oahu.
Almost simultaneously, some enlightened state legislators initiated legislation that would ban the sale, trade, and distribution of all shark fins. The proposed legislation, SB 2169, has gone through some ups and downs but just recently cleared Hawaii's House of Representatives. So that's one major hurdle that has been cleared. The next step in the state's bureaucracy is for the bill to go to conference to be reviewed by Senate representatives before reaching the Senate floor for a vote. This is all encouraging, but it's not a done deal yet.
While Asia receives the majority of the blame for the market demand in shark products, Hawaii is, quietly, one of the leading centers for trade and distribution of shark products. That means there will be forces at work to combat the bill, but its passage would certainly place Hawaii in the foreground of compassionate and sensible conservation, would protect a marine resource that contributes to a healthy ecosystem which impacts other recreational and commercial fishing activities, and would be in keeping with the islands' long cultural heritage of viewing sharks as a resource to be protected. Perhaps future legislation can address shark liver oil, cartilage, and other shark-related products as well.
Let's hope that responsible shark ecotourism and strong legislation to protect sharks commercially will be the order of the day in Hawaii. Sharks would certainly benefit from both.
My friends at the SharkDiver blog have posted the text of the bill, which is fortunately straight-forward and easy to read. Click here to read it.
It's been a week for sharks, particularly in California. Governor Jerry Brown signed AB 376 into law which bans the trade and possession of shark fins in California. This was a critical piece in a mosaic of shark fin distribution in the northern Pacific ocean.
