Summary
In August 2017 a Chinese vessel (Fu Yuan Yu Leng 999) was found by Ecuadorian authorities in the Galapagos Marine Reserve to have 6626 dead sharks of various protected endangered species on board, mainly of the hammerhead, silky, bigeye, pelagic thresher, and mako species. This was the biggest seizure of sharks (and vessel) in the history of the Galápagos Islands.
The crew was arrested and convicted by a first court in the Canton of San Cristobal (Galapagos Island) for a crime against wildlife for the killing of over 6600 protected and endangered sharks, and fined approximately 6 million US dollars. The possession and transportation of protected species (sharks) within the Galapagos Marine Reserve is classified under Article 247 of the Comprehensive Organic Criminal Code as a crime against nature; and specifically, as a crime against biodiversity. Therefore, this case concerns an offense against the constitutional rights of nature and the conservation of biodiversity, which the Constitution of the Republic of Ecuador declares to be of public interest.
The lower court’s verdict was appealed to the Provincial Court of Guayas and subsequently heard by the National Specialized Criminal, Military, Police and Traffic Court. The Court upheld the ruling and established criminal responsibility for the crew of the Chinese vessel Fu Yuan Yu Leng 999 (the vessel carrying the sharks) and sentenced them to one to four years in prison for the crime of unauthorized procession and transport of protected marine fauna within a protected natural area, and ordered the payment of $5.9 million for reparation of the ecosystem. The ruling also included the criminal confiscation of the vessel for the benefit of the people of the Galapagos Islands; if it is auctioned, the proceeds will go to the Galapagos National Park.
The Ecuador Minister of the Environment, Tarsicio Granizo, stated that “this sentence is consistent with the policy of zero tolerance for disrespect for our sovereignty and our most basic principles as a nation, since Ecuador recognizes in its Constitution (2008) nature as a subject of Rights. This sentence marks a precedent in environmental legal matters, at the country and regional level”.
Related Initiatives
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/shark-fins-in-the-galapagos/.
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