Group of shark fin suppliers sues state over ban COURTS

A San Francisco-based association of shark fin suppliers has sued the state over the Legislature's recently passed ban on the sale, distribution or use of fins, which are used to make shark fin soup.

The Asian American Rights Committee of California filed the lawsuit in San Francisco Superior Court on Monday, arguing the new law violates Congress' authority to regulate interstate commerce.

"By outlawing the acquisition, possession, or sale of all shark fins in California, the shark fin ban not only burdens but entirely eliminates this interstate trade," according to the lawsuit.

The lawsuit noted that the sale of shark fins has been a legitimate, local business enterprise for 35 years.

"It is a ceremonial centerpiece of traditional Chinese banquets, as well as celebrations of weddings and birthdays of one's elders," according to the suit.

Gov. Jerry Brown signed the legislation in October, which banned new shark fin imports at the beginning of the year, but allows the sale and use of fins already in the state until July 1, 2013.

Violation of the law is a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.

The governor's office, which was unaware of the lawsuit until Friday, said it did not have an immediate response.

Environmental groups, including the Sierra Club, supported the ban, saying the use of the fins was decimating shark populations, with fishermen cutting the tail and fin off the sharks and dumping the rest back into the ocean, a procedure called finning.

"The practice of cutting the fins off of living sharks and dumping them back in the ocean is not only cruel, but it harms the health of our oceans," Brown said in October.

The fins sell for hundreds of dollars per pound, with soup costing around $30 per bowl.

The San Francisco group that filed the lawsuit said its members supply nearly 100 percent of shark fins consumed in California.

Hawaii, Oregon and Washington have similar bans.

Federal law allows shark fin suppliers to sell the product, if the fin was obtained legally, which requires keeping the carcass intact, according to the lawsuit.

The law banned only 5 percent of the shark, said Pius Lee, a San Francisco Chinatown leader, adding that local opponents of the ban plan to file a federal lawsuit as well.

"The fisherman can catch the big" shark, he said. "But the fin? You can't eat it. It's a waste."