United States v. Approximately 64,695 Pounds of Shark Fins

I. Background

In 1976, Congress passed the Magnuson-Stevens Fishery Conservation and Management Act (“Magnuson Act”), 16 U.S.C. § 1801 et seq., to conserve and manage fishery resources. 16 U.S.C. § 1801(b)(1). In 2000, Congress enacted the Shark Finning Prohibition Act, which amended the Magnuson Act in an attempt to eliminate the practice of shark finning. Pub. L. No. 106-557, 114 Stat. 2772 (2000),

U.S.C. § 1857(1)(P).

The SFPA makes it unlawful:

(I) to remove any of the fins of a shark (including the tail) and discard the carcass of the shark at sea;

(ii) to have custody, control, or possession of any such fin aboard a fishing vessel without the corre- sponding carcass; or 2476 UNITED STATES v. APPROXIMATELY 64,695 POUNDS (iii) to land any such fin without the corresponding carcass.

16 U.S.C. § 1857(1)(P) (emphasis added).

The Magnuson Act, in turn, defines a fishing vessel to include

“any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for —

(A) fishing; or

(B) aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited…