Critically Endangered species continues unprotected
(San José, Costa Rica – August 6, 2025)
Why is the incidental catch of hammerhead sharks still occurring in the Golfo Dulce? This is the question that the Ministry of Environment (MINAE) must answer to environmental attorney Walter Brenes, as ordered by the Constitutional Court (Sala IV) of the Supreme Court of Justice last August 1 (25-020998-0007-CO).
Since October 19, 2023, attorney Brenes has requested that MINAE amend Article 2 of Executive Decree 41056 MINAE , which declares Golfo Dulce a National Sanctuary for Hammerhead Sharks, so that it explicitly and absolutely prohibits the incidental capture of hammerhead sharks. This request is based on a ruling by the Supreme Court of Justice’s Constitutional Hall on June 21, 2023 (17-008322-1027-CA)), which ordered both MINAE and INCOPESCA to eradicate the capture of hammerhead sharks in national waters, including incidental catch. According to the judges, testimony from INCOPESCA officers confirmed the occurrence of incidental catch of hammerhead sharks in the Golfo Dulce, but that fishers were required to release live specimens. The measure, nonetheless, is pointed out as ineffective by the Court, as fishers can retain hammerhead sharks for commercialization by simply claiming that the sharks were dead upon arrival at the boat. To date, the MINAE has ignored the request.
“The protection of hammerhead sharks in the Golfo Dulce Sanctuary is facing a critical issue,” said Brenes with concern. “Despite the existing measures, the fishing of other species allows for the incidental capture of this population, making current bans and temporary closures insufficient for its effective conservation,” he stated.
“Hammerhead sharks are critically endangered, so it is obviously crucial to strictly protect the neonates and juveniles in their nursery grounds, like the Golfo Dulce,” said Randall Arauz of the Endangered Marine Species Rescue Center (CREMA) of Costa Rica. “The conservation of this species would improve significantly if MINAE would simply comply with the Supreme Court’s orders and finally acknowledged that sharks are wildlife.”
Despite court rulings, MINAE has yet to act, leaving this iconic species vulnerable to extinction due to inadequate enforcement and legal loopholes.
For more information:
Walter Brenes
Energy Law Firm
wbrenes@elawf.com
(506) 8995 3068
Randall Arauz
Marine Watch International
rarauz@marinewatch.org
(506) 8708 8253