MANILA – The Department of Agriculture (DA), represented by the Office of the Solicitor General, has filed a motion with the Supreme Court to reverse a ruling that permits commercial fishing boats to operate in municipal waters designated for local fishers. The DA’s motion emphasizes the need to safeguard the livelihoods of small-scale fishers and to preserve marine resources, calling on the Supreme Court to reassess its decision for the sustainability of the nation’s fisheries and coastal areas.
During a recent meeting with various groups such as the Federation of Free Farmers, Oceana Philippines, Magsasaka Partylist, the National Anti-Poverty Commission, and the Philippine Movement for Climate Justice, Agriculture Secretary Francisco Tiu Laurel Jr. discussed the potential negative impacts of the ruling on small fishers and marine ecosystems. He highlighted the risks to coral reefs at depths of seven fathoms, or 12 meters, and the possible further depletion of marine resources.
The Supreme Court’s First Division upheld a decision from the Malabon Regional Trial Court on August 19, 2024, which declared certain provisions of the Fisheries Code unconstitutional. This ruling came after a lawsuit by Mercidar Fishing Corp., a commercial fishing company based in Navotas, which sought declaratory relief on October 25, 2023.
The Malabon court invalidated Section 16 of the Fisheries Code, which gives municipal governments the authority to regulate commercial fishing within 15 kilometers from the shoreline. It also nullified the ban on commercial fishing in waters shallower than seven fathoms.
Gloria Estenzo-Ramos, vice president of Oceana Philippines, warned that the ruling could severely damage marine resources, as it would allow commercial vessels to fish in nearly 90 percent of coastal waters, endangering marine ecosystems. She noted that tracking systems like the Vessel Monitoring System, intended to combat illegal, unreported, and unregulated fishing, would lose their effectiveness.
Secretary Laurel also mentioned the DA’s initiatives to support small fishers, including the provision of solar-powered ice plants and fish processing facilities. He underscored the importance of sustainable fishing practices, such as standardizing net sizes to prevent overfishing.