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Another Grand · 06-16-2008, 09:02 AM

However, it was appealed and the appellate court reversed the lower court's decision in favor of the gov't prohibition...

"Under the circumstances, a reasonable person would not
have fair notice that the activities of the KD II would render
it a fishing vessel under § 1802(18)(B). As a result, we hold
that the district court’s application of the possession prohibition
of the SFPA to the KD II as a fishing vessel under
§ 1802(18)(B) violated due process."

So the point of the story is that even though it has been "illegal" for quite some time, that does not stop them from shark finning. And, just like all open ocean management laws...enforcement isnt exactly up to par.

If you want more information on the subject let me know.

06-16-2008, 09:02 AM	#3 (permalink)
Another Grand Grander Join Date: Mar 2005 Posts: 1,293	However, it was appealed and the appellate court reversed the lower court's decision in favor of the gov't prohibition... "Under the circumstances, a reasonable person would not have fair notice that the activities of the KD II would render it a fishing vessel under § 1802(18)(B). As a result, we hold that the district court’s application of the possession prohibition of the SFPA to the KD II as a fishing vessel under § 1802(18)(B) violated due process." So the point of the story is that even though it has been "illegal" for quite some time, that does not stop them from shark finning. And, just like all open ocean management laws...enforcement isnt exactly up to par. If you want more information on the subject let me know.