SC urged to compel gov’t to issue commercial fishing vessel monitoring rules

The Supreme Court has been urged to compel the government to promulgate rules on vessel monitoring measures covering commercial fishing vessels with gross tonnage of 3.1 to 30.

The local unit of international ocean conservation group Oceana announced Friday that it has asked the high court to issue a writ of continuing mandamus to the Department of Agriculture-Bureau of Fisheries and Aquatic Resources (DA-BFAR).

Oceana Philippines sought relief from the tribunal alongside three municipal fisherfolk, namely Arnulfo Febria, Edgardo Leongson, and Bernardo Rondon Jr.

Oceana Philippines said its petition also urged the justices to issue a temporary environmental protection order stopping the DA-BFAR from issuing new licenses or renewal of commercial fishing vessels weighing 3.1 to 30 gross tons while their petition is pending.

The group said the Fisheries Administrative Order that the DA-BFAR signed last October 5 does not meet the requirement of the Fisheries Code on the promulgation of rules governing the monitoring of commercial fishing vessels.

"It only covers vessels targeting highly migratory and straddling fish stocks. It excludes from its coverage commercial fishing vessels that weight 3.1 to less than 30 gross tons and commonly found illegally encroaching on municipal waters," Oceana said in a statement.

"This regulation only sows confusion as it narrows down the type of vessels covered by the vessel monitoring requirement," it added.

Citing Republic Act No. 10654, Oceana said all commercial fishing vessels are covered by the monitoring requirement and that it is illegal for any catcher vessel to operate without the measures the DA-BFAR is required to make.

"Illegal commercial fishing within municipal waters continues to compete unfairly and illegally with our artisanal fisherfolks and compounds the overfishing," the group said, justifying its petition to the SC.

It claimed the DA-BFAR's alleged failure to comply with the law has "adversely affected the country's marine resources, fisheries, and the livelihood of artisanal fisherfolk."

Named respondents in the petition were Agriculture Secretary Emmanuel Piñol and BFAR national director Eduardo Gongona.

Sought for comment, Gongona said, "I have to consult our legal team about this."

However, he emphasized that the National Fisheries and Aquatic Resources Management Council (NFARMC), the policy advisory body to the DA, has adopted the Fisheries Administrative Order (FAO), "Rules and Regulation on the Operation of the Vessel Monitoring Measures or Vessel Monitoring System and Electronic Catch Reporting System," on September 4, 2018.

"The NFARMC in its resolution is endorsing the subject FAO for the Secretary's approval... this has been signed by the secretary of DA," Gongona said.

Oceana Philippines vice president Gloria Ramos said: "Today marks a big milestone in our collective efforts to help implement the ban on commercial fishing in our municipal waters including marine protected areas."

"Encroachment by commercial fishers in municipal waters has been going on since forever, despite being declared illegal under our law, contributing significantly to overfishing in 2/3 of our principal fishing grounds," she said. — MDM, GMA News