News Details

DA appeals SC ruling allowing commercial fishing in municipal waters

NPO

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January 17, 2025

PNA

MANILA – The Department of Agriculture (DA), through the Office of the Solicitor General, has asked the Supreme Court (SC) to overturn a decision allowing commercial fishing vessels to operate in municipal waters meant for fisherfolk.

In its motion for reconsideration, the DA reiterated its commitment to protecting the interests of small-scale fishers while conserving marine resources, and urged the SC to reconsider its ruling to ensure the sustainability of the country’s fisheries and coastal communities.

Agriculture Secretary Francisco Tiu Laurel Jr. made the disclosure during a meeting with various organizations, including the Federation of Free Farmers, Oceana Philippines, Magsasaka Partylist, the National Anti-Poverty Commission, and the Philippine Movement for Climate Justice, to discuss the ruling’s implications, according to a DA news release on Friday.

The DA chief expressed concerns about the decision’s potential adverse effects on the livelihood of small fishers and its impact on marine ecosystems.

“At a depth of seven fathoms, or 12 meters, corals are at risk, and our scarce marine resources could face further depletion,” Tiu Laurel said.

The high court’s First Division, in a resolution dated Aug. 19, 2024, upheld a Malabon Regional Trial Court (RTC) decision declaring the Fisheries Code’s preferential access provisions unconstitutional.

The Malabon RTC had rendered the ruling in the suit filed by private Navotas-based commercial fishing firm, Mercidar Fishing Corp., which filed a petition for declaratory relief on Oct. 25, 2023.

Among the portions of the Fisheries Code invalidated by the Malabon court was Sec. 16 on the jurisdiction of the municipal government to regulate commercial fishing in municipal waters of up to 15 km. from the shoreline.

The RTC also struck down the outright ban on commercial fishing in waters with a depth of less than seven fathoms.

Oceana Philippines vice president Gloria Estenzo-Ramos said the ruling could “devastate” marine resources, as commercial vessels would be allowed to fish in nearly 90 percent of coastal waters, threatening marine ecosystems

“Tracking devices, such as the Vessel Monitoring System, would become irrelevant,” she said.

The Vessel Monitoring System is designed to address illegal, unreported, and unregulated (IUU) fishing incidents in the country’s territorial waters.

Meanwhile, Laurel cited the DA’s efforts to support small fishers through initiatives such as providing solar-powered ice plants and fish processing facilities.

He also stressed the importance of sustainable fishing practices, including standardizing net sizes to prevent overfishing.