The Western Pacific Fisheries Coalition, has petitioned the Secretary of Commerce to step in and vacate the Western Pacific Council's actions with regard to full utilization of Pacific Sharks. The Council has had adequate time to address this problem and we are in agreement with the NMFS and State of Hawaii who want finning stopped immediately.

We have asked the Secretary of Commerce, William Daly to act under the Administrative Procedure Act 5 USC s 553 (e) and the Magnuson -Stevenson Fisheries Conservation and Management Act to vacate the Council's position on shark finning and proceed with rule making for full utilization of sharks. Our LETTER details the justification for his intervention and demonstrates that The Council has been aware of and has addressed the issue of "shark finning" since 1993 and has failed to implement appropriate measures to promote the long-term health and stability of the fishery as mandated in Magnuson. The Assistant Administrator of fisheries for NMFS, Penny Dalton in a June 17, 1999 letter to the Chairman (LETTER) said; "The issue of shark finning needs to be addressed immediately. NMFS' position is that shark finning is wasteful and should be stopped".

However the Chairman of the Council has said on the record that he believes "finning should be allowed as long as shark populations are healthy and decisions shouldn't be influenced by environmentalists claims that finning is cruel or Native Hawaiians claims that sharks are a cultural symbol." The Council also has gone on the record, further demonstrating that they do not intend to fill the field on this issue, by stating that "it is hoped that greater utilization of Blue Shark can be achieved by 2001, when the U.S. National plan of action for Management of shark fisheries is completed." That being the case, and since the National Plan will contain a provision for full utilization or in other words, "no finning" we asked that rule making begin as soon as possible, amending the Pelagics FMP to include the National Policy's call for "full utilization".

The State of Hawaii is very concerned and would like to ban finning immediately as well. The Chairman of the Department of Land and Natural Resources (DLNR), Mr. Tim Johns, has gone on the record by saying; "the State is very concerned about the practice of shark finning, in Pacific waters, including the infringement the Native Hawaiian community feels it presents to their indigenous and religious rights. DLNR views the practice of discarding live, finless sharks back into the ocean as a waste of an important natural resource which we at DLNR have a sacred duty to protect". He has also gone on the record in a letter to Penny Dalton that "We would like to work with your office towards the goal of prohibiting shark finning either through WESTPAC or independently." He has also said that the State supports NMFS position to stop finning immediately. The Magnuson Act calls for FMPs to incorporate (consistent with the national standards, the other provisions of this Act, and any other applicable law) the relevant fishery conservation and management measures of the coastal States nearest to the fishery; Let's hope the Secretary acts where the Council failed. BUT WE NEED YOUR HELP.

Please send an email or fax to William Daley and your congressman and ask them to support our request as well. We are asking every member of both the House and Senate to support the Secretary in this very important issue.

Email to: Secretary William Daley
              Penny Dalton