Shark fins, illegally poached, dry in the sun in preparation for shipment.
On Monday, the 9th U.S. Circuit Court of Appeals upheld a California law banning the sale, distribution and possession of shark fins. The 2-1 ruling upheld a lower court decision, tossing the lawsuit brought by the Chinatown Neighborhood Association and Asian Americans for Political Advancement, a political action committee.
The two groups argued that the ban that passed in 2011 unfairly targeted the Chinese community, which considers shark fin soup a delicacy. They also argued that the shark fin law conflicted with the federal law intended to manage shark fishing off the California coast.
The legislation does not conflict with a 19th century law that gives federal officials authority to manage shark fishing off the California coast, the Court said. It also does not significantly interfere with interstate commerce, the court found.
The 9th Circuit also rejected the plaintiffs’ claims that the ban illegally interfered with trade in shark fins between California and other states and the flow of shark fins between states through California. “The Shark Fin Law does not interfere with activity that is inherently national or that requires a uniform system of regulation,” Judge Andrew Hurwitz wrote. “The purpose of the Shark Fin Law is to conserve state resources, prevent animal cruelty, and protect wildlife and public health. These are legitimate matters of local concern.”
Joseph Breall, an attorney for the groups, said they were reviewing their options and had not yet decided whether to appeal. He said he was heartened by the dissenting opinion by Judge Stephen Reinhardt, who said the plaintiffs should have been allowed to amend their lawsuit.