The Bureau of Fisheries and Aquatic Resources (BFAR) has formally appealed to the Supreme Court (SC), asking it to reverse the controversial ruling that permits commercial fishing within the 15-kilometer municipal water boundary traditionally reserved for small-scale fishers.
In the motion for reconsideration, BFAR reaffirmed its commitment to exploring all legal remedies for this contentious issue. “BFAR recognizes the gravity of this case, which has far-reaching consequences for sustainable resource management, environmental protection, and the welfare of affected communities,” the agency said in a statement.
“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.
BFAR filed the motion following the Supreme Court’s First Division ruling, which upheld a Malabon Regional Trial Court decision granting Mercidar Fishing Corp.’s petition to declare the preferential access of small-scale fishers to municipal waters unconstitutional. The ruling allows commercial fishing in these waters, marking a significant shift in policy.
The agency reiterated its dedication to safeguarding the interests of small-scale fishers and coastal communities. “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,” the BFAR said.
Stakeholders unite to intervene
In addition to BFAR’s appeal, various groups and local governments have filed petitions to intervene in the case against Mercidar Fishing Corporation, the sole respondent.
Among the petitioners are the Municipality of Santa Fe, led by Mayor Ithamar Espinosa, marine conservation group Oceana Philippines International represented by vice president Gloria Estenzo Ramos, and the Philippine Movement for Climate Justice.
“Our fisheries are in crisis due to unchecked overfishing and illegal practices. While science-backed reforms under RA 10654 offer a clear path to recover from these, we are disappointed to find the courts and our government agencies acting in the opposite direction,” said Ramos.
“To protect both our marine ecosystems and our artisanal fisherfolk, we must enforce the law and stand firm against exploitation. We appeal to the state: listen to the citizens, local governments, and fisherfolk because they are the most affected by this decision,” she added.
The ruling has sparked protests, with over a hundred fisherfolk, urban poor activists, and environmental advocates gathering at the Supreme Court in Manila on January 2 to decry the potential harm posed by commercial fishing to coastal communities.
“Because of the SC’s decision, we are slowly being killed off,” lamented Norlan Pagal, president of the Anapog Fishing Association in San Remigio, Cebu. “These corporations can go far and wide into the ocean. We only use oars and small pump boats – we cannot compete with them.”
Oceana emphasized that for decades, the Fisheries Code’s provisions had safeguarded municipal waters as a lifeline for marginalized fishers. “With weak enforcement on the ban of commercial fishing and now bolstered by the courts’ ruling, municipal fisherfolk face a clear and present threat to their way of life,” the ocean conservation group said.
Declining sector
Meanwhile, the Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) highlighted the declining number of fishers, citing government neglect and policies that prioritize profit over the livelihoods of small-scale fishers and marine ecosystems.
The fishers’ group raised concerns over the decline in the number of fishing operators under 50 years old, pointing to the latest report from the Philippine Statistics Authority (PSA), which showed a 3.6 percent decrease from 578,249 in 2012 to 557,368 in 2022.
Despite the Philippines being an archipelago, the group noted that many young people are not encouraged to pursue fishing. “The only ones to blame for this are the long-standing neglect of the government in developing and providing good opportunities for the fishing sector,” said Ronnel Arambulo, Pamalakaya’s vice chairperson.
“For a long time, fishermen have remained the poorest sector. Aside from the lack of significant support, the primary reasons for this are policies and programs that allow the destruction of fishing grounds and coastal areas,” he added.
Arambulo expressed concern over the SC ruling, urging the Marcos administration to take the matter seriously. “The decline in the fisherfolk population will affect the country’s long-term food security,” he warned.
He also reiterated his group’s demands to halt destructive projects, such as reclamation activities, and to genuinely rehabilitate major fishing waters while fostering the development of fisheries and marine resources.
Furthermore, Arambulo called on the government to uphold the exclusive rights of Filipinos in municipal and territorial waters, particularly in the resource-rich West Philippine Sea.
As legal battles and grassroots advocacy continue, the future of the nation’s fisheries remains uncertain, with the livelihoods of small-scale fishers and the growing influence of commercial fishing interests hanging in the balance.
Photo credit: Oceana Philippines. Fisherfolk and environmental groups protested in front of Supreme Court in Manila on January 2, condemning its decision to allow commercial fishing within 15 kilometers of municipal waters.
