Constitutional challenge to ban shark fishing refiled at High Court
Environmental activists have filed a constitutional case in the High Court challenging the government's decision to reopen shark fishing, as a national survey reveals that 77 percent of the public opposes the move. Furthermore, despite the Maldives being a signatory to CITES regulations prohibiting the international trade of shark species, authorizing this fishery threatens to strip the nation of its prestigious status as a shark sanctuary.
A constitutional case has once again been submitted to the High Court seeking to halt gulper shark fishing. | Andy Murch
A constitutional case has been refiled with the High Court seeking to halt gulper shark fishing, which was recently authorized by the current administration despite a long-standing ban in the Maldives.
According to the High Court registry, the constitutional case against the state was filed by Humaida Abdul Ghafoor of H. Shady Corner and Mohamed Sineen of M. Maamuli. Both individuals are prominent environmental activists. The case was initially submitted to the court last December.
However, the High Court rejected the case and dismissed it. At the time, the court ruled that although the petition claimed the gulper shark fishing regulations were unconstitutional, it failed to specify the exact nature of the violation. Furthermore, the Court Registrar decided not to accept the case on the grounds that a constitutional matter only arises when a law or regulation contradicts the Constitution. The Registrar noted that a government-issued plan constitutes neither a law nor a regulation.
The case was resubmitted on the 2nd of this month. However, a decision has yet to be made regarding its admissibility.
Shortly after the government authorized the reopening of the previously banned gulper shark fishery in the Maldives, the country joined an international resolution to restrict the global trade of 70 species of sharks and rays, including the gulper shark.
Member nations of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) have moved whale sharks and all species of manta rays to Appendix I. This decision grants these species the highest level of protection, effectively banning all international trade in them and their derivative products.
The international trade of gulper sharks, which was legalized in the Maldives on November 1, is set to face significant hurdles following a recent decision by CITES. During the CITES conference held last November, it was resolved to include the gulper shark in Appendix II of the convention.
While the government has authorized the resumption of gulper shark fishing, a national survey has revealed that the public is opposed to the move.
According to the results of a national survey conducted by the marine conservation organization Blue Marine Foundation, in collaboration with Maldives Resilient Reefs and the Maldives Whale Shark Research Programme, 77 percent of respondents are opposed to the reopening of gulper shark fishery.
In 2010, the Maldives implemented a total ban on all forms of shark fishing. Reintroducing the practice would result in the country losing its prestigious status as a designated shark sanctuary.
