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Ocean Policy of the Barack Obama Administration

Fishery Policy

Shark Conservation Act

The Shark Conservation Act superseded the Shark Finning Prohibition Act, passed during the Clinton administration, as an effort to remedy a loophole which became apparent in the court case of United States v. Approximately 64,695 Pounds of Shark Fins. Essentially, this Act made the act of fin trade at sea illegal to ensure that all sharks landed by U.S. vessels are done in line with the intentions and ordinances of the Shark Finning Prohibition Act. This act extends to all shark species with the exception of the domestically relevant commercial fishery of smooth dogfish. The jurisdiction of this Act extends off of the U.S. coast for 50 nautical miles. The domestic production contributing to the shark fin demand, localized in China, still occurs within the U.S., as fins can be processed once sharks have been returned to land with fins naturally attached to the body, except in states where it has locally been outlawed like Hawaii . An effort to eradicate the trade entirely on a federal level was considered and proposed as Amendment 5b to the Shark Conservation Act, which would overrule state finning regulations, enacting a federal ban on the possession of shark fins. This was not successful and efforts wavered as the various stakeholders' (i.e. state regulators, fishermen, etc.) investments manifested resulting in sufficient political resistance against the amendment . A proposal to overturn this act altogether was later put forward in fear that it overstepped the federal jurisdiction in relation to state rights. An overwhelming response from shark conservationists and lobbying groups hindered any progress to accomplish such.

Listing of the Scalloped hammerhead shark under the Endangered Species Act

The listing of the Scalloped hammerhead shark was a landmark measure for U.S. shark conservation, as it is the first shark to be listed under the Endangered Species Act despite overwhelming evidence of population declines warranting a ‘threatened’ or ‘endangered’ listing amongst many species. The controversy of sharks and the fear of increased fishing bans and regulations if more sharks, a common casualty of bycatch, were listed is likely responsible for the disconnect between international and U.S. protection and conservation status of sharks. Within this listing, the Central and Southwest Atlantic Distinct Population Segment and the Indo-West Pacific Distinct Population Segment of Scalloped Hammerheads were protected. Determination of critical habitat was said to be stipulated in a separate, later ruling.