Logo of the the Bureau of Fisheries and Aquatic Resources. INQUIRER.net FILE PHOTO
MANILA, Philippines—The Bureau of Fisheries and Aquatic Resources (BFAR) is seeking the reversal of a Supreme Court (SC) decision that allowed commercial fishing in municipal waters because of its impact on fishermen’s livelihood and marine resources.
In a statement, the BFAR said it already filed a motion for reconsideration to reverse the ruling of SC’s First Division allowing commercial fishing vessels to operate within the 15-kilometer municipal water zone.
“DA-BFAR recognizes the gravity of this case, which has far-reaching consequences for sustainable resource management, environmental protection, and the welfare of affected communities,” it said.
“This move reflects the agency’s proactive stance in ensuring that the implications of the Court’s Decision are thoroughly reviewed, particularly given the potential impact on national policies, environmental conservation, and the livelihoods of those in the fisheries sector,” it added.
The BFAR said it is tapping all available legal remedies to secure a fair and just resolution of the case.
“The agency remains hopeful that the judicial process will yield a resolution that protects both the environment and the people who depend on its resources,” it added.
The Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) lauded the BFAR’s legal move, but the fishers’ group urged the government to thoroughly review the Philippine Fisheries Code of 1998 to preserve municipal fisheries.
“Comprehensive reforms in fisheries laws are necessary to ensure the interests of small-scale fishermen that grant them exclusive rights to fishing grounds and coastlines,” Pamalakaya vice chairperson Ronnel Arambulo told the Inquirer in a Viber message.
The BFAR motion stemmed from the SC’s First Division ruling affirming a Malabon Regional Trial Court decision in favor of the petition of Mercidar Fishing Corp. to declare the preferential access of small-scale fishers to municipal waters as unconstitutional.
Before the BFAR’s filing, the international marine protection group Oceana, fisherfolk, civil society representatives, and a local government on Thursday filed a petition to intervene in the case.
Aside from Oceana, other petitioners include the Philippine Movement for Climate Justice; Mayo Ithamar Espinosa of Santa Fe in Bantayan, Cebu; and Rowel Saldajeno, president of the Funda Dalipe Fisherfolks Association and chair of the Municipal Fishery and Aquatic Resources Management Council.
The Regional Fisheries Training and Fisherfolk Coordination Division in Tayhi, Tabaco City is also a petitioner.
These groups said the recent SC ruling would further deplete already exhausted marine resources and raise retail fish prices.
“Coupled with climate change impacts, these pressures threaten to destabilize an already fragile ecosystem and its dire consequences to the population and food security,” the petition said.
Earlier, the Federation of Free Farmers and the Magsasaka party list (MPL) slammed the BFAR and the DA for “sleeping on the job and failing to appeal the Court’s decision within the required period.”
Despite this, FFF board chair and MPL first nominee Leonardo Montemayor proposed filing a new bill in the next Congress to rectify the “grave injustice and economic injury” against artisanal fisherfolk.
Montemayor, a former agriculture secretary, explained that in some instances, a commercial fisher may be allowed from the 10.1-mark upwards, provided that water depth is at least 7 fathoms, sustainable fishing methods are applied, artisanal fisherfolk and other stakeholders were consulted and no law was violated.
While awaiting the appeal’s resolution, the BFAR reiterated its commitment to supporting the welfare of small-scale fishers and coastal communities by fulfilling its mandate to protect and conserve the country’s aquatic resources.