Court of Appeals Upholds California Shark Fin Ban

Big news! Sharks will continue to receive protection under California state law. The Ninth Circuit U.S. Court of Appeals just released an opinion upholding California’s shark fin ban as constitutional and not preempted by federal law. This is the first time a U.S. appellate court has weighed in conclusively on the issue of state shark fin laws, and it’s terrific to see the court coming down on the right side.

California’s shark fin ban was enacted in 2011 to end the consumption and trade of shark fins in the state, thereby weakening the market demand for fins and helping to protect shark populations. Shortly after the fin ban was passed, shark fin traders and dealers sued to invalidate the law, claiming that it was discriminatory against Chinese-Americans and was an “invalid burden on commerce.” They also tossed in an argument about preemption, claiming that California’s law conflicted with the federal fishery management statute, the Magnuson-Stevens Act. While this argument was just an afterthought at the time the case was filed, after three years and various twists and turns, it ended up being the central issue in the case.

Source: Court of Appeals Upholds California Shark Fin Ban | Seth Atkinson’s Blog | Switchboard, from NRDC