“Mauritius Banned Shark Fishing — But the 'Fin Trade' Framing Needs Nuance”
Mauritius prohibits fishing for sharks in its territorial sea under the Fisheries and Marine Resources (Conservation of Sharks) Regulations 2021, Government Notice No. 315 of 2021, and separately prohibits finning, gutting or gilling a shark. The popular claim that Mauritius bans importing and selling 'shark fin products' misreads the law: the 2021 regulations govern the fishing and handling of sharks rather than a consumer trade in fins, and section 28 of the Fisheries Act 2023 obliges fishing-vessel operators to observe prescribed shark-fin prohibitions instead of enacting a standalone import or retail ban.
Building a Marine Conservation Framework
Mauritius sits in a rich stretch of the Indian Ocean and has tightened its shark rules in step with its obligations as an Indian Ocean Tuna Commission member and a CITES signatory. A 2019 international survey recorded that Mauritius already applied a finning ban through the terms and conditions attached to Authorisations to Fish. That practice was put on a statutory footing on 6 December 2021, when the Minister made the Fisheries and Marine Resources (Conservation of Sharks) Regulations 2021 under section 74(1)(f) of the Fisheries and Marine Resources Act. They were gazetted as Government Notice No. 315 of 2021 and came into operation on the day they were made. Regulation 4 bars fishing for sharks in the territorial sea, along with baiting for them or carrying the heavy shark rig the regulations call a 'la trempe requin', and separately forbids finning, gutting or gilling a shark or killing one that could reasonably have been released alive. A shark caught alive in the territorial sea must be released forthwith and reported at the nearest fisheries post the same day. Contravention carries a fine of not less than 5,000 and not more than 10,000 rupees. Research fishing may still be authorised by the Permanent Secretary under regulation 3.
Evaluating the Shark Fin Trade Claim
The 'shark fin import and sale ban' framing does not match the text. The 2021 regulations govern fishing and handling; they say nothing about importing fins or selling fin products. The Fisheries Act 2023 does carry a section headed 'Prohibition on removal and sale of shark fins', but section 28 operates by reference: it requires the operator of a fishing vessel in the maritime zones of Mauritius, or of a Mauritius fishing vessel beyond national jurisdiction, to comply with such prohibitions on the removal and sale of shark fins 'as may be prescribed or as may be required by an applicable conservation and management measure'. Breach is a Level 4 offence under the Act's Fourth Schedule, carrying a maximum fine of 40 million rupees and up to five years' imprisonment. That is a duty imposed on vessel operators, not a standalone trade ban of the kind other countries have legislated separately. The Fisheries Act 2023 came into operation on 12 December 2023 and repealed the Fisheries and Marine Resources Act, but the 2021 shark regulations survive: section 17(1) of the Interpretation and General Clauses Act keeps subsidiary legislation made under a repealed enactment in force so far as it is not inconsistent with the repealing enactment.
Where the story gets it wrong
Some accounts say Mauritius bans importing or selling shark fin products; others say it bans shark fishing outright. Neither is quite right. Government Notice No. 315 of 2021 prohibits fishing for sharks in the territorial sea and prohibits finning, gutting or gilling a shark, while section 28 of the Fisheries Act 2023 requires fishing-vessel operators to comply with prescribed shark-fin prohibitions rather than banning a fin trade itself.
4. Subject to regulation 3, no person shall — (a) in the territorial sea of the Republic of Mauritius — (i) fish for sharks; (ii) set a bait, trap or baited implement for the purpose of attracting sharks; or (iii) place or have in his possession a la trempe requin; (b) fin, gut or gill a shark; (c) harm or kill a shark which has been caught and could reasonably have been released live into the sea; or (d) have in his possession a la trempe requin. 5. (1) Where a person catches a live shark in the territorial sea, that person shall — (a) forthwith release the shark live in the sea; and (b) the same day, on arrival at the nearest fisheries post, provide — (i) the date, time and location of the catch; (ii) the species of shark caught, if known; (iii) the circumstances of the catch; and (iv) the observed state of the shark after the catch. 6. Any person who contravenes these regulations shall commit an offence and shall, on conviction, be liable to a fine of not less than 5,000 rupees and not exceeding 10,000 rupees. — Fisheries and Marine Resources (Conservation of Sharks) Regulations 2021, GN No. 315 of 2021
- Current status
- Actively Enforced
- Enacted
- December 6, 2021
- Penalty
- Regulation 6 of the Conservation of Sharks Regulations 2021 sets a fine of not less than 5,000 rupees and not exceeding 10,000 rupees on conviction, with no term of imprisonment. Contravening section 28 of the Fisheries Act 2023 (removal and sale of shark fins) is separately a Level 4 offence under Part I of the Act's Fourth Schedule, carrying a maximum fine of 40 million rupees and up to 5 years' imprisonment under Part II.Fine: MUR5,000 – MUR10,000
- Jurisdiction
- National legislation. The prohibition on fishing for sharks, baiting for them and carrying a 'la trempe requin' applies in the territorial sea of the Republic of Mauritius (reg 4(a)). The prohibition on finning, gutting or gilling a shark, on killing a shark that could have been released, and on possessing a la trempe requin is not geographically qualified (reg 4(b)–(d)). Regulation 5(2) imposes production and reporting duties on the master or operator of a vessel that catches a shark anywhere in Mauritius's maritime zones, including the EEZ. Section 28 of the Fisheries Act 2023 additionally reaches Mauritius fishing vessels in areas beyond national jurisdiction.