Topic Area: Overfishing and Commercial Shark Fishing
Geographic Area: United States Atlantic and Gulf Coastal States
Title: The Failure of Regulating State Commercial Shark Fishing
Focal Question: Why are state regulations to oversee commercial shark fishing failing?
Sources:
(1) http://www.audubon.org/campaign/lo/ow Ocean Wildlife Campaign homepage and links.
(2) Sharks on the Line by Dr. Merry Camhi.
(3) "State Rules Said to Hinder Shark Recovery." New York Times. July 14, 1998.
(4) "Humans are Circling: Overfishing Leaves Sharks Endangered." Mike Santangelo for Newsday. December 23, 1997.
(5) "Shark Encounter." Kurt Loft for Tampa Tribune. August 7, 1998.
(6) "States Asked to Put Teeth into Shark Regulations." Deborah Kalb for USA Today. July 14, 1998.
Reviewer: Kris Skrzycki, Colby College '99
Review:

Over the last decade and a half, Atlantic shark populations have declined dramatically with the number of some species falling 70 to 85 percent. Overfishing and the increased demand of shark fins and cartilage has caused some scientists to fear extinction for some major species of shark within 50 years. According to federal figures on Atlantic shark populations, commercial hauls were less than 500 metric tons in 1980. By 1986 the commercial hauls were 3,000 metric tons and in 1989 were up to 7,144 metric tons. In recent years, commercial hauls have fallen sharply causing concern by scientists and other interested parties that shark populations have been severely diminished.

Atlantic sharks are being taken from the water at rates faster than their reproduction cycles. The aforementioned tonnages critically undercut the reproduction efforts of sharks. Atlantic sharks move from body of water to body of water during migration and bearing young. These creatures are dependent on coastal estuaries and bays for bearing and nursing grounds. As sharks enter these areas, they become subject to overfishing, harmful fishing practices like 'finning', accidental capture or 'bycatch', and a lack of management.

The demand for and value of shark products are on the rise worldwide. Illegal practices like finning, the capture and dumping of a shark in order to cut away the fin, are common and difficult to manage. Curbing finning, overfishing, and poor management to save shark species will be reflective of our commitment to sustainability and management in our oceans. Without the shark, the Atlantic Ocean's biodiversity is at stake. Sharks, an apex predator, are vital to creating a healthy genetic environment. In the Atlantic Ocean, sharks are the top of the food chain and cull out any of the weaker and sicker animals.

The reason for the increased demand in shark products comes from Asia and the shark's cartilaginous skeleton. In Asia, the practice of ancient customs is being renewed. The main market for the shark is shark fin soup. The major use is believed to increase virility and health. From 1980 to 1990, the demand for shark fins in Asian markets doubled. By 1994 a kilogram of dried shark fins was equal to $100 U.S. Beside the shark fin, the cartilaginous skeleton of the shark has become extremely popular around the world. Cited as a possible cure for cancer, sharks are processed for their cartilage and turned into pills. One factory alone in Costa Rica processed over 2.8 million sharks in a year for the pills.

With Atlantic shark populations being decimated because of increased demand, what is going on in the United States? On the federal level, stringent regulations exist on commercial shark fishing. In 1993, the National Marine Fisheries Service implemented new regulations amidst the declining populations. NMFS created a shark fishery management plan for the Atlantic Ocean. The management plan included 39 species and established a quota of 2,570 metric tons for two groups of sharks: large coastal (e.g. sandbar, blacktip, dusky sharks) and pelagic (e.g. blue, mako, thresher sharks). In addition, the management plan set up a system of catch reporting to stop overfishing and close federal waters when necessary. The federal regulations apply out to 200 miles off the coast of the United States. Unfortunately, these regulations do not apply to the first three miles off the coast of the United States. This area is state coastal waters and is regulated by each state. Federal regulations do not apply, and this is where the problems of commercial shark fishing arise because sharks do not adhere to political boundaries of any kind.

Along the Atlantic and Gulf coastal seaboard, there are 18 states each with their own waters and regulations. Some states do well, even by federal standards, and others fail completely to regulate their waters and shark fisheries. Each state is listed and accounted, including a summary and results of each control strategy.

New England States (ME, NH, MA, RI, CT): All five of these states have small shark fisheries and no known nursery grounds. They currently have no measures in place for commercial shark fisheries and management.
New York: Small shark fisheries but vital shark nursery areas along Long Island and the
Great South Bay area. New York currently has no measures in place for commercial shark fisheries and management.
New Jersey: One of the largest shark fisheries. In 1996, New Jersey commercial fishermen took in 574,000 pounds. Even so, the state has no measures in place for commercial shark fisheries and management.
Delaware, Maryland, Virginia: All have modest sized shark fisheries and important nurseries in the Chesapeake Bay and Delaware Bay. Measures either meet or exceed basic federal regulations for fisheries and management. Maryland closes waters when federal waters are closed, and Virginia has a minimum size limit.
North and South Carolina: North Carolina has the second largest shark fishery. In 1996, North Carolina commercial fishermen took in 1.8 million pounds. North Carolina closes waters when federal waters are closed. South Carolina has sizable shark nursery grounds. Both have regulations that either meet or exceed basic federal regulations.
Florida: The largest shark fishery. In 1996, Florida commercial fishermen took in 4.8 million pounds. In addition, one of the largest areas for nursery grounds. Florida has the highest ratings and most comprehensive shark management plans.
Georgia, Alabama, Mississippi, Texas: Modest sized shark fisheries and grounds for nurseries. All have measures that either meet or exceed basic federal regulations for fisheries and management. Both Mississippi and Georgia have a minimum size limit.
Louisiana: One of the largest shark fisheries. In 1996, Louisiana commercial fisherman took in 1.6 million pounds. Louisiana has the largest area for nursing grounds. However, it has a total lack of commercial regulations for managing shark fishing.

As can be seen, the problems of commercial shark fishing in the United States begin at the state coastal waters. Even so, what should be carried away from the state plans? First, state regulations are useless unless they meet or exceed all federal regulations. Second, federal regulations should be strengthened to encourage each individual state. Third, any solution to shark fisheries and management should encourage all parties (fishermen, scientists, bureaucrats) to participate. Recommendations for shark fishery management in state waters include the following measures. Conform all shark fishery regulations to the federal regulations at the state levels which currently do not meet this criteria. Require the states to engage in species-specific reporting for all landings. Prohibit finning in state waters and offer incentives to fishermen for compliance. Develop regionwide programs for shark management plans for state waters between states with emphasis on the Atlantic Ocean and the Gulf of Mexico. Reduce the commercial quota for large coastal sharks by 50 percent. Establish a management plan and quota system for small coastal sharks (e.g. spiny dogfish shark). These measures are needed so sustainability and management of our oceans is possible. Without them, our oceans' futures will be unsure.