Oceana, fisherfolk seek SC help over vessel monitoring system

CEBU, Philippines — A conservation group, Oceana Philippines, and local fishers yesterday asked the Supreme Court to compel the government to promulgate rules on commercial fishing vessels.

They filed a petition seeking a writ of continuing mandamus to compel the Department of Agriculture-Bureau of Fisheries and Aquatic Resources to issue and implement the rules on vessel monitoring.

This covers commercial fishing vessels with gross tonnage of 3.1 to 30.

"Today (Oct. 19) marks a big milestone in our collective efforts to help implement the ban on commercial fishing in our municipal waters including marine protected areas… Artisanal fisherfolk and Oceana filed today (yesterday) the petition for a writ of continuing mandamus to compel government to perform their mandates to strengthen the fight against illegal fishing," said lawyer Gloria Estenzo Ramos, Oceana Philippines vice president.

A writ of continuing mandamus can be issued by the SC on environmental case that would direct a government agency to perform an act until the judgment is fully met.

Under Republic Act 10654, which amended RA 8550 or The Philippine Fisheries Code Of 1998, all commercial fishing vessels are covered by the vessel monitoring requirement, said Ramos.

DA-BFAR is tasked to determine “the appropriate vessel monitoring technology and corresponding schedule to cover commercial fishing vessels weighing 3.1 to 30 gross tons” under the amended Fisheries Code.

Also, DA-BFAR is tasked to promulgate the corresponding rules and regulations on VMM conditions, terms of reference, confidentiality, mechanics, cost, installation, approved types, and restrictions.

But Ramos said that Fisheries Administrative Order 260, signed last October 5, did not meet the requirement of the law.

“It only covers vessels targeting highly migratory and straddling fish stocks. It excludes from its coverage commercial fishing vessels that weigh 3.1 to less than 30 gross tons and commonly found illegally encroaching on municipal waters,” she said.

"The October 5 rule will sow confusion and the consequences would paralyze enforcement. In multi-species marine ecosystems such as ours, how can that be enforced?" she added.

Ramos said the failure of DA and BFAR officials to carry out the duties specifically enjoined by law has adversely affected the country’s marine resources, fisheries, and the livelihood of artisanal fisherfolk.

“It is unlawful for any catcher vessel to operate and engage in fishing activity without complying with the vessel monitoring measures that the DA-BFAR is required to make. Illegal commercial fishing within municipal waters continues to compete unfairly and illegally with our artisanal fisherfolk and compounds the overfishing,” she said.

She said they are left with no other recourse but to seek the SC’s intervention.

They also asked the court to issue a Temporary Environmental Protection Order to bar the DA-BFAR from giving new licenses or renew commercial fishing vessels while the SC has yet to rule on their plea. — KBQ (FREEMAN)