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    Something Smells Fishy

    Texas shark fin ban gets blocked unexpectedly by Republican senators

    Teresa Gubbins
    May 24, 2013 | 8:09 am

    On Monday, Republican senators Troy Fraser and Larry Taylor blocked a bill — one that seemed to be a shoo-in — that would have banned the cruel practice of "shark finning." Shark finning is a practice where fishermen slice the fins off live sharks, then throw them back into the ocean, still alive. They can't survive without their fins, so they're left to flail and die.

    Shark fins are used for one thing: Chinese "shark fin soup."

    The bill – House Bill 852 – had already been approved by the Texas House. It had support from a coalition of 45 organizations, including zoos, aquariums, conservation associations, religious groups, environmental groups and animal welfare groups, says Katie Jarl, director of the Texas branch of the Humane Society of the United States.

    "With a bill that had such strong support from so many organizations — tourism groups, marine biology institutes, the CEO of The Container Store — their opposition just didn't make sense," she says.

    The practice is already outlawed in seven states — California, Delaware, Hawaii, Illinois, Maryland, Oregon and Washington — and New York has a bill pending. The practice is also illegal in the United States; federal law requires that sharks caught must have fins still attached.

    Fraser is from District 24, which includes towns such as Abilene, Fredericksburg, Killeen and Temple. Taylor, whose flip-flop is especially curious because he was originally a sponsor of the bill, covers District 11, a small geographical area that includes Galveston County.

    Fraser said the bill would limit fishermen in Texas. But neither he nor Taylor represents a significant constituency of fishermen — or Chinese restaurants, for that matter.

    "We were confident that, given the overwhelming support this bill had, that senators who might usually be against this kind of thing would recognize that support and put aside any personal feelings in favor of what is supported by their constituency," Jarl says. "And we added a number of amendments to address every concern.

    "For example, Texas Parks and Wildlife requested an amendment that would help sport fishermen who could cut off the head off a shark while in the water so they could begin bleeding," Jarl says. "Every amendment suggested was gladly made — except for one allowing for the sale of shark fin soup. But, at the end of day, that's what they hung their hat on. On the Senate floor, Fraser started talking about shark fin soup, an issue that had never come up before."

    Something smells fishy
    Fraser's concern over shark fin soup seemed unexpected. "It's hard to tell where his defense of shark fin soup is coming from, because no one Fraser represents in Abilene, Temple, Frederickburg or Marble Falls is selling shark fin soup," Jarl says. In Texas, 13 Chinese restaurants still serve it, the majority in Houston.

    Fraser is chairman of the Natural Resources Committee, involved in clearing the bill before it went to the Senate. While the bill was in that committee, a charter fisherman named Scott Hickman raised an objection.

    "When the bill was in the Natural Resources Committee, the only opposition came from one charter fisherman, who said he was afraid he wouldn't be able to sell his shark catches," Jarl says. "So we added an additional amendment that you may sell shark with the fin attached. It was clear on the bill that he could sell the entire shark."

    That wasn't enough reassurance for Fraser and Taylor. Calls made to their offices regarding their change of heart were not returned.

    Fraser's office was especially slippery. An assistant directed inquiries to the Natural Resources Committee; "they're the ones you need to talk to," she said. An unnamed member of that committee said the cause of Fraser's backflip was objections from charter fishermen, before bouncing the call back to Fraser's chief of staff, Janice McCoy. Her office said she was in a meeting and too busy to take the call.

    Sharks produce very few offspring, and they're considered a vital part of marine life. The fins have no nutritional value and contain high levels of mercury. We're killing 100 million every year, and unless we stop, we're going to wipe them out completely.

    It's either no shark fin soup now or no shark fin soup later. But, at some point, regardless of how we get there, it's no shark fin soup.

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    Hemp news

    Texas cannabis businesses sue state to block ban on smokeable hemp

    Associated Press
    Apr 10, 2026 | 9:17 am
    Hemp plant
    Photo by CRYSTALWEED cannabis on Unsplash
    Texas is cracking down on smokeable hemp.

    Texas hemp industry leaders and advocacy groups have sued the state to block new regulations that eliminate natural smokeable hemp products and increase licensing fees.

    The Texas Hemp Business Council, Hemp Industry & Farmers of America, and several Texas-based dispensaries and manufacturers filed for a temporary restraining order in state district court in Travis County against the Texas Department of State Health Services and the Texas Health and Human Services Commission on Tuesday, April 6. They argue that the agencies have overstepped their constitutional authority by rewriting the statutory definitions of hemp established by lawmakers in 2019.

    “Under current Texas law, hemp is defined by its delta-9 THC concentration of not more than 0.3 percent,” said David Sergi, an attorney for the hemp coalition, in a press release. “These Texas officials and state agencies are clearly attempting to create new law in direct contradiction to what the Texas legislature intended.”

    The background
    Even though Texas law bans marijuana, lawmakers legalized hemp in 2019. State law defines hemp as containing less than 0.3 percent levels of intoxicating Delta-9 THC.

    To get around the law’s Delta-9 THC restrictions, manufacturers started cultivating hemp plants with another type of THC, called THCA, that, when ignited in a joint or smokeable product, can produce a high. Many lawmakers have said this legal loophole has allowed a recreational THC market to appear overnight without direct approval from the state.

    Last year, the Texas Legislature voted to ban the products out of fear that these intoxicating products were consistently getting into the hands of children. But, Gov. Greg Abbott vetoed the decision last summer, before asking the Texas Alcoholic Beverage Commission and DSHS to increase regulations on the industry instead.

    The Texas Department of State Health Services released regulations on consumable hemp-derived THC products that went into effect on March 31. These new regulations include child-resistant packaging, a significant increase in licensing fees, new labeling, testing, and bookkeeping requirements. The rules also codify the legal purchasing age to 21, which went into effect last year as an emergency directive.

    Why the hemp industry sued
    Also under the new rules, laboratories tests now measure the total amount of any THC in a product. If the THC levels exceed the 0.3 percent threshold, even if it’s only activated upon being smoked, the product will be noncompliant under state regulations. As a result, some of the most popular hemp products, like THCA flower and pre-rolled joints, have been banned.

    Hemp businesses caught selling noncompliant products face a range of penalties and fines, including license revocation and up to $10,000 in violation fees for each day these products were sold in stores.

    “An administrative agency may not substitute its own policy judgment for the outcome produced by the constitutional lawmaking process,” the lawsuit states. “The Texas Constitution vests legislative power in the Legislature, not administrative agencies.”

    Retailers cannot sell hemp to out-of-state customers either.

    The rules also increase licensing fees for manufacturers of hemp-derived THC from $258 to $10,000 per facility and retail registrations from $155 to $5,000, which industry leaders say will fulfill the ban by forcing businesses to close. The hemp business community’s lawsuit is not challenging the other new regulations, including the age verification or ones they say protect consumers.

    “Texas hemp businesses wholeheartedly support those regulations, as they fall within the agency’s authority,” said Sergi. “We are seeking to halt rules that would effectively end the in-state production of hemp and the sale of hemp products — items the Legislature chose not to ban during recent legislative and special sessions.”

    What the state says
    Concerns about the safety of these high-THC products among youth led lawmakers to attempt to ban hemp-derived THC products outright last year. While the overall ban didn’t succeed, lawmakers successfully banned vape pens containing THC and other hemp-derived intoxicating chemicals.

    Data provided from the Texas Poison Center Network confirms a sharp increase in cannabis-related poisoning calls starting in 2019, a year after hemp-derived THC was legalized by the federal government, from 923 to a 10-year high of 2,592 in 2024. Calls climbed to 2,669 last year. The majority of these calls involve suspected poisoning of children under the age of five and teenagers.

    Drug policy experts said these numbers seem alarming, but it is natural for poisoning calls to increase when a drug has become legalized, and the data needs additional context before making conclusions from it.

    Jennifer Ruffcorn, spokesperson for HHSC, directed questions about the lawsuit and what it means for the new hemp regulations to DSHS.

    Lara Anton, spokesperson for DSHS, declined to comment on pending litigation.

    What’s next
    The hemp industry’s battle to stay alive in Texas started back in 2021 when the state health agency classified any amount of a natural intoxicating hemp compound called delta-8 THC as illegal. The hemp industry sued the state over its ban on delta-8 and the Texas Supreme Court is expected to consider the case this year.

    The delta-8 lawsuit will have an impact on the outcome of the most recent lawsuit over the smokeable hemp ban because both lawsuits challenge the authority of a state health agency to make changes to the market without approval from lawmakers or the public.

    ---

    This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.

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