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Shark Fins Act 2023

Contents

Legal background

Trade in endangered species

  1. The UK is party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which regulates international trade in over 35,000 species of wild animals and plants, their products (such as animal skins) and derivatives (such as food or medicine). All import, export, and re-export of species covered by CITES-including all types of animal products-is regulated through a permitting and certification system, which aims to ensure that international trade in listed species is sustainable, lawful and traceable.
  2. The species which are covered by CITES are reviewed every three years at the Conference of the Parties. They are contained in three Appendices to the agreement. Species are afforded differing levels of protection, depending on the Appendix in which they are listed:
    • Appendix I includes species threatened with extinction. Trade is permitted only in exceptional circumstances;
    • Appendix II includes species that are not necessarily threatened with extinction, but in which trade must be controlled to avoid utilization incompatible with their survival; and
    • Appendix III includes species which are already subject to trade restrictions in at least one country, where that country has requested the cooperation of other CITES parties to prevent unsustainable or illegal exploitation.
  3. An animal product from a species listed on one of the CITES Appendices may only be imported into or exported (or re-exported) from a state which is party to the Convention if the appropriate documentation is presented for clearance at the port of entry or exit.
  4. The UK currently meets its obligations under CITES through the EU Wildlife Trade Regulations (EUWTRs) which continue to apply in Northern Ireland and the Wildlife Trade Regulations (WTRs) which apply in GB as retained direct EU legislation. The EUWTRs and WTRs both comprise:
    • Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein (known as "the Principal Wildlife Trade Regulation");
    • Commission Regulation (EC) No. 865/2006 laying down detailed rules concerning the implementation of Council Regulation No. 338/97;
    • Commission Implementing Regulation (EU) No 792/2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation No. 338/97; and
    • Commission Implementing Regulation (EU) No. 1587/2019 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora in accordance with Council Regulation No. 338/97.
  5. Similar to the Convention, the Principal Wildlife Trade Regulation lists all CITES (and some non-CITES) species in four Annexes with varying levels of protection.
    • Annex A lists the most endangered species (which is broadly equivalent to CITES Appendix I);
    • Annex B lists species threatened by commercial trade (broadly equivalent to CITES Appendix II); and
    • Annexes C and D contain CITES Appendix III-listed species and some non-CITES listed species.
  6. The Control of Trade in Endangered Species Regulations 2018 provides for the enforcement of the EU Wildlife Trade Regulations in the UK.
  7. The Endangered Species (Import and Export) Act 1976 enables the Secretary of State to implement CITES in the UK. However, it is largely redundant because CITES has been implemented in the UK using powers under the European Communities Act 1972, which has now been repealed. The Principal Wildlife Trade Regulations and other directly applicable EU regulations on trade in animal products have been made operable using powers under the European Union (Withdrawal) Act 2018.

Shark finning and the trade in shark fins

  1. Council Regulation (EC) No 1185/2003, which forms part of retained direct EU legislation, banned the practice of the removal on board, retention on board, transshipment and landing of shark fins, by UK-registered fishing vessels regardless of whether they are operating in UK waters or elsewhere. The Regulation prohibits the purchase, offering for sale or sale of shark fins which have been removed on board, retained on board, transshipped or landed in contravention of the prohibition in the Regulation. The version of Regulation 1185/2003 which was retained in UK law includes the amendments made by Regulation 605/2013.
  2. Trade in shark fins and other shark products must adhere to trade controls that are in place for certain species of sharks under CITES. Currently there are 46 species of sharks and rays listed on CITES.
  3. For species that are not CITES listed, shark fins can be legally imported to and exported from the UK without a permit. There is also retained Commission Delegated Regulation 2019/2122, which allows individuals travelling to the UK to carry 20kg of dried shark fins for personal consumption.

The Customs and Excise Management Act 1979

  1. The Customs and Excise Management Act 1979 makes it an offence to export or import goods with intent to evade a prohibition or restriction on those goods. Goods which have been imported or exported in breach of a prohibition or restriction are liable to forfeiture. A contravention of the prohibition in section 1 will activate the provisions in the Customs and Excise Management Act (CEMA) 1979.

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