STATE ACTIVISM IN THE MOVEMENT TO CONSERVE SHARKS: THE NINTH CIRCUIT'S GUIDANCE ON PREEMPTION AND THE MAGNUSON-STEVENS ACT IN CHINATOWN NEIGHBORHOOD ASS'N V. HARRIS

摘要

In recent years, both the states and the federal government have enacted laws to prevent the rapid decline of shark populations. States can regulate fisheries within state waters, but beyond those waters, the Magnuson-Stevens Act puts fishery regulation in the hands of the federal government. In Chinatown Neighborhood Ass'n v. Harris, the United States Court of Appeals for the Ninth Circuit was unwilling to hold that the Magnuson-Stevens Act preempted California s state shark fin ban. This Chapter examines the history of state and federal fishery management, shedding light on the purposes of the Magnuson-Stevens Act. This Chapter also demonstrates the unique difficulties of shark regulation and tracks state and federal efforts to conserve sharks. Finally, this Chapter examines the Ninth Circuit's preemption analysis, concluding that the Ninth Circuit's decision is consistent with the purposes of the Magnuson-Stevens Act and is a progressive step forward in shark and fishery conservation.