Department of Commerce
NOAA Fisheries
- Pacific Island Regional Office
FOR IMMEDIATE RELEASE
September 7, 2004
FIRST FEDERAL ARRESTS AND CONVICTIONS FOR SHARK FINNING
Two Men Plead Guilty to Shark Finning Prohibition Act and Lacey Act Violations
On September 7, 2004, Cresento Bacaling and Conchito Cagas, Jr.
plead guilty to federal violations of the Shark Finning Prohibition
Act and Lacey Act, making this the first time ever in the United
States that individuals have been arrested, charged and convicted
of federal criminal violations under the Shark Finning Prohibition
Act since it was implemented in 2002. NOAA’s Office for Law
Enforcement Special Agent Al Samuels worked with Assistant U.S.
Attorney Karon Johnson and the U.S. District Court in Guam to obtain
federal arrest warrants for the two men arrested on July 16, 2004.
The National Oceanic and Atmospheric Administration (NOAA) is an
agency of the U.S. Department of Commerce.
The Shark Finning Prohibition Act makes it illegal for a foreign
vessel to offload any shark fins into a U.S. port, unless they
offload the rest of the shark carcass with the fins. It is an attempt
by the U.S. to drastically reduce the number of sharks finned at
sea since most fishermen will not expend freezer space for the
entire carcass. The Lacey Act makes it illegal to traffic in illegal
natural resources (in this case transporting or exporting fins
that were off loaded illegally in the U.S.).
Cresento Bacaling and Conchito Cagas, Jr., crew members of a Japanese-flagged
fishing vessel, illegally offloaded approximately 520 pieces of
shark fins from their fishing vessel while in Apra Harbor, Guam
on July 13, 2004. With their guilty pleas, Bacaling and Cagas admitted
that they attempted to smuggle the shark fins out of the port in
Guam in an attempt to transport the shark fins to the Philippines
where they would be sold. The Port Authority of Guam Police Department
discovered the shark fins inside a pickup truck and refused clearance
for the driver to leave the port. Shark fins are considered a delicacy
and are sold for high prices to restaurants.
Judith L. Fogarty, Special Agent in Charge, Pacific Islands Division
said, “These arrests and convictions were the result of a
significant investigation conducted by the NOAA Fisheries - Office
for Law Enforcement, Office of the U.S. Attorney, Guam Customs
and Quarantine Agency - Maritime Interdiction Task Force and Port
Authority of Guam Police. The investigation of Shark Finning Prohibition
Act violations is a priority and will continue to be so for NOAA
Fisheries - Office for Law Enforcement.”
Considered flight risks by U.S. District Court, Bacaling and Cagas
have been in federal custody since their arrests on July 16, 2004.
NOAA Fisheries is dedicated to protecting and preserving our nation’s
living marine resources through scientific research, management,
enforcement and the conservation of marine mammals and other protected
marine species and their habitat.
The Commerce Department’s National Oceanic and Atmospheric
Administration (NOAA) is dedicated to enhancing economic security
and national safety through the prediction and research of weather
and climate-related events and providing environmental stewardship
of our nation’s coastal and marine resources.
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