Constitutional challenge to ban shark fishing dismissed again
The High Court has dismissed a lawsuit filed by environmental advocates challenging the government’s decision to reopen shark fishing, ruling that the case lacked sufficient detail to prove it violates the Constitution. Despite widespread public opposition reflected in surveys and international trade restrictions under the CITES convention, the government is moving forward with the plan, which environmental organizations warn could strip the Maldives of its prestigious status as a global shark sanctuary.
The constitutional case filed to halt gulper shark fishing has been dismissed for a second time. | Miyaru.org | miyaru.org
The High Court has once again dismissed a constitutional challenge seeking to halt the government's decision to authorize gulper shark fishing, a practice that was previously prohibited in the Maldives.
The constitutional case against the state was filed by Humaida Abdul Ghafoor (H. Shady Corner) and Mohamed Sineen (M. Maamuli). Both individuals are prominent environmental activists. The case was initially filed last December. Although it was dismissed at the time, the matter was refiled with the court on February 2, 2024.
However, the Registrar has dismissed the case, stating that it cannot be accepted. In the ruling issued on Thursday, the Registrar noted that while the lawsuit claims the "Maldives Shark Fishery Management Plan" and the regulations governing the planning and management of shark fisheries—published in the Government Gazette on October 31, 2025—violate the Constitution and the Fisheries Act, the filing lacks sufficient detail. The Registrar further highlighted that although the claimant cited violations of Article 22 of the Constitution, Section 5 of the Fisheries Act, various international treaties to which the Maldives is a party, Article 268 of the Constitution, the principle of constitutional supremacy, and the legal principle of non-regression, the submission failed to provide a detailed explanation or reasoned arguments demonstrating exactly how the plan and regulations conflict with the Constitution and the Fisheries Act. Consequently, the court ruled that the case could not be admitted.
Shortly after the government authorized 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 officially 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 requiem sharks, which was authorized in the Maldives on November 1, will face significant restrictions following a recent decision by CITES. During the CITES conference held last November, it was resolved to include these shark species under Appendix II of the convention.
Despite the government granting permission for gulper shark fishing, a national survey has revealed that the public is opposed to the resumption of this practice.
According to the results of a national survey conducted by the 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 the shark fishery.
In 2010, the Maldives implemented a total ban on all forms of shark fishing. Reopening this fishery would result in the country losing its prestigious status as a designated shark sanctuary.
