Shark Fins Act 2023

Commentary on provisions of Act

Shark fins

Section 1: Prohibition on import and export of detached shark fins

18. Subsections (1) and (2) of this section prohibit the import of shark fins or items containing shark fins into the United Kingdom as a result of their entry into Great Britain. They also prohibit the removal of such items from the United Kingdom as a result of their removal from Great Britain. The prohibition does not apply if a shark fin is naturally attached to the body of a shark and the body is substantially intact.
19. Subsection (2)(b) further explains the meaning of ‘substantially intact’. This means that the head and internal organs of a shark can be removed (and some damage may have occurred to the body in transit), but the body should still be substantially intact. This is to prevent permitting trade for fins which are attached to small parts of the shark body, while the rest of the body could have been discarded – which still poses ethical and sustainability concerns.
20. Subsection (3) refers to the Schedule which contains provisions for exemption certificates relating to the prohibition in Subsection (1).
21. Subsection (4) defines, for the purposes of this section and the Schedule, "shark fins" as meaning any fins or part of fins of a shark other than the pectoral fins or parts of pectoral fins of a ray and "shark" as meaning any fish of the taxon Elasmobranchii. The pectoral fins of a ray are excluded because they are a constituent part of raywings. Consistent with the approach in the Shark Finning Regulation 1185/2003, this also applies to the pectoral fins of a skate for the same reason.

Amendment to retained EU law

Section 2: Removal of fins on board fishing vessels

22. Section 2 provides for an amendment to the retained EU law version of Regulation 1185/2003. The amendment is to Article 1 of that Regulation, so that the prohibition of removal, retention on board, or transshipment and landing of shark fins applies to all UK fishing vessels wherever they fish and also to any fishing vessel in UK waters.

General

Section 3: Extent

23. Subsection (1) of this section sets out the territorial extent of the Act (see also Annex A).

Section 3: Commencement

24. Subsections (2) to (4) of this section set out when or how each provision in the Act comes into force.
25. Subsection (2) provides powers for the Secretary of State to set the commencement dates for section 1 and the Schedule in this Act by statutory instrument.
26. Subsection (3) provides that section 2 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
27. Subsection (4) provides that section 3 comes into force on the day on which this Act is passed.
28. Subsection (5) provides the Secretary of State with powers to make regulations for transitional or savings provisions in connection with the coming into force of the Act.

Section 3(6): Short title

29. Subsection (6) provides that the short title of the Act is the Shark Fins Act 2023.

Schedule

Schedule: Shark fins

Exemption certificates

30. Paragraph 1 confirms that the prohibition on the import or export of shark fins does not apply if the appropriate authority issues an exemption certificate permitting such an import or export on a specified date or within a specific period set out in the exemption certificate (unless the exemption certificate has been revoked under paragraph 3). This paragraph also lists the information that must be included in an exemption certificate. The certificate describes the shipment in as much detail as possible (i.e. weight/number of fins, whole/diced/powdered etc., species where possible).
31. Paragraph 9 defines the "appropriate authority" as: (i) the Secretary of State in relation to the entry into, or removal from, England of shark fins or things containing them, (ii) Scottish Ministers in relation to the entry into, or removal from, Scotland of shark fins or things containing them, and (iii) Welsh Ministers in relation to the entry into, or removal from, Wales of shark fins or things containing them. The appropriate authorities do not need to take action in relation to intra-Great Britain movements, as they are not caught by the prohibition in section 1.
32. Guidance on the exemption certificate process will be developed and agreed by the appropriate authorities.

Applications

33. Subparagraph (1) of paragraph 2 requires that a person applying for an exemption certificate (an "applicant") must provide such information as the appropriate authority requests.
34. Subparagraph (2) requires the appropriate authority to grant the application where the applicant has provided all necessary information, paid any fee and where the appropriate authority is satisfied that the imported or exported shark fins are to be used for purposes connected with the conservation of sharks. The fee is set at a level only to cover the administrative costs of processing the application.
35. Subparagraph (3) provides that where the appropriate authority refuses an application the applicant must be informed of why the application has been refused.

Revocation and revision

36. Paragraph 3 permits the appropriate authority to revoke or issue a revised exemption certificate if, before the import or export takes place, it appears to the appropriate authority that any information provided in connection with an application is or has become inaccurate or incomplete. However, the appropriate authority must revoke the exemption certificate if before the import or export takes place the appropriate authority ceases to be satisfied that the shark fins are to be used for purposes connected with the conservation of sharks. This paragraph also requires the appropriate authority to inform the applicant of the reasons why an exemption certificate is revoked.

Penalty for providing inaccurate, etc. information in connection with an application

37. Paragraph 4 provides for a civil liability, by way of a monetary penalty, where the applicant provides inaccurate or incomplete information or a document which contains an inaccuracy in relation to an application. This penalty would apply where inaccurate/incomplete information is provided deliberately or due to a failure to take reasonable care, or where the applicant knows the information is inaccurate/incomplete at the time it’s provided or discovers it subsequently and fails to inform the appropriate authority. Subparagraph (3) also confirms the maximum penalty is £3,000. Subparagraph (4) allows the appropriate authority to amend this amount by regulations. Subparagraph (5), (6) and (7) provides that the regulations made respectively by the Secretary of State, the Welsh Ministers and the Scottish Ministers under subparagraph (4) must be made by the affirmative procedure.
38. Paragraph 5 outlines the process for monetary penalties. Subparagraph (1) sets out that the appropriate authority must give notice of the intent to impose a monetary penalty. This is done through an initial penalty notice.
39. Subparagraph (2) sets out that an initial penalty notice must offer the applicant the opportunity to avoid liability in relation to a monetary penalty by payment of a sum specified in the notice.
40. Subparagraphs (3) and (4) allows the applicant to object to the initial penalty notice within 28 days. After this period, a decision must be made by the appropriate authority as to whether to give the applicant a notice imposing the fine. This is the final penalty notice.
41. Subparagraph (5) states that a final penalty notice may not be given if the appropriate authority is no longer satisfied that the provision of inaccurate or incomplete information has occurred.
42. Subparagraph (6) states that the penalty in the final penalty notice may be of equal value to the amount proposed in the initial penalty notice or a penalty of a smaller amount.
43. Subparagraph (7) enables the appropriate authority to withdraw an initial or final penalty notice at any time.
44. Paragraph 6 defines what information must be included in an initial penalty notice and a final penalty notice. A final penalty notice may also provide for interest or other penalties to be payable in the event that payment is not made within the period specified by the notice.

Appeals

45. Subparagraph (1) of paragraph 7 allows an applicant to appeal to the First-tier Tribunal against a decision either to refuse to issue or to revoke an exemption certificate or to give a final penalty notice.
46. Subparagraph (2) allows an appeal to be made on the grounds that the appropriate authority’s decision to refuse an application, to revoke an exemption certificate or to give a final penalty notice was based on an error of fact, was wrong in law or was unreasonable. Subparagraph (3) provides that an appeal against a decision to give a final penalty notice may also be made on the ground that the amount of the penalty imposed by the notice is unreasonable.
47. Subparagraph (4) provides that on appeal against a decision to refuse to issue or to revoke an exemption certificate the First-tier Tribunal may confirm the original decision, require the decision to be reversed or require the decision to be reconsidered by the appropriate authority.
48. Subparagraph (5) provides that on appeal against a decision to give a final penalty notice the First-tier Tribunal may confirm the final penalty notice, quash it or vary it by reducing the amount of the penalty.
49. Subparagraph (6) provides that on appeal against a decision to give a final penalty notice the requirement to pay the penalty is suspended until the appeal is finally determined or withdrawn and no interest or other penalty is payable during the suspension period.
50. Subparagraph (7) provides that references to the First-tier Tribunal, in relation to a decision of the Scottish Ministers, are to the First-tier Tribunal for Scotland.

Enforcement

51. Paragraph 8 provides that if a person does not pay the whole or any part of a penalty then the outstanding sum is recoverable in England and Wales as if payable under an order of the county court, in Scotland in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court, and in Northern Ireland as if payable under an order of a county court in Northern Ireland.