Court asked to nullify order on transshipment of fishery products

A non-government organization has filed a case before the Quezon City Regional Trial Court (RTC) seeking to nullify Fisheries Administrative Order (FAO) 195 which allegedly violates the Fisheries Code and effectively perpetuates tuna smuggling in Mindanao.

Tambuyog Development Center (TDC) executive director Arsenio Tanchuling named as respondents Department of Agriculture (DA) Secretary Luis Lorenzo Jr., DA Undersecretary Cesar Drilon and Bureau of Fisheries and Aquatic Resources Director Malcolm Sarmiento.

Tanchuling said he wants FAO 195 nullified because it allows Taiwanese and other foreign fishing vessels to unload non-export grade tuna fish daily at the Davao Fish Port which is subsequently traded at local wet markets.

"In so doing, FAO 195 goes against Section 42 of the Fisheries Code because the latter does not allow any fishery importation via transshipment," Tanchuling said.

TDC said in its petition that FAO 195 which spells out rules on the importation of chilled and frozen fish and fishery products unwittingly serves as a cover for smuggling at the Davao Fish Port where about 1.2 metric tons of tuna are smuggled daily by foreign fishing boats and sold in the local wet markets.

"The imported tuna are supposed to be sold to institutional buyers under FAO 195, but instead these are sold in the wet markets of Davao and General Santos City with the connivance of local traders. These smuggled tuna are subsidized and pose unfair competition with tuna products of Filipino tuna handline fishermen," said Emmanuel dela Cruz, one of the petitioners.

Dela Cruz said that FAO 195 is hurting local tuna fishermen because they have to contend with Taiwanese tuna which finds its way into the wet markets and are being sold for only P60 per kilo, half the price of local tuna.

Taiwanese fishermen, unlike their Filipino counterparts are heavily subsidized by their government. Moreover, they have access to cheaper oil in Indonesia by virtue of a fishery access agreement between Taiwan and Indonesia.

The unfair competition has resulted in the stoppage and closure of several tuna fishing operators in the South Cotabato-Sarangani-General Santos area.

Prior to the tuna smuggling activities, there were 119 fishing boats operating. Now only 48 are still operating.

The tuna handline sub-sector posts annual revenues of P4.5 billion, with the frozen sashimi-processing sector accounting for more than 50 percent of this figure or P2.5 billion in total export earnings. – Rocel Felix