MANILA, Philippines — Non-government organizations assailed the Supreme Court’s decision to uphold a Malabon Regional Trial Court ruling of allowing commercial fishers within the 15-kilometer municipal waters as it would accelerate depletion of fish stocks at the expense of small fishers.
International marine protection group, Oceana and Pangisda Pilipinas condemned the ruling of the High Tribunal’s First Division, upholding the Malabon Regional Trial Court’s decision on the petition of Mercidar Fishing Corp. to declare the preferential access of municipal fisherfolk to 15-km municipal water unconstitutional, among others.
“This resolution will create confusion among enforcement agencies including our coastal cities and municipalities which are already hard-pressed with enforcement and performing their mandate of protecting municipal waters and the livelihoods of their constituents amid meager funds,” said Gloria Estenzo Ramos, Oceana vice president.
“This sends a wrong signal to the industry to continue the overexploitation of our dwindling fish stocks, despite science backing it up,” Ramos said.
Oceana argued that various fisheries stakeholders should have been included as “indispensable” parties to the case since it is involves an environmental issue and is governed by the Rules of Procedure for Environmental Cases.
The international group pointed out that the Constitution is clear on the social justice provision that mandates the preferential access to artisanal fisherfolk in the 15-kilometer municipal waters.
“The designation of this protected zone in the Fisheries Code as amended by Republic Act 10654 was based on science – on the need to protect the important and interconnected marine habitats and ecosystems that will help restore our fisheries. Despite this provision, overfishing and illegal commercial fishing were and remain pervasive and which have caused our fish population to decline,” Ramos said.
The recent legal development reverses the decades-long efforts undertaken by various fisheries industry stakeholders to manage and rebuild the country’s fisheries resources through science-based programs and policy reforms under RA 10654.
These genuine reforms include establishment of science-based and participatory fisheries management areas, implementation of tracking device for all commercial fishing vessels and having the platforms for stakeholders like artisanal fisherfolk in the management body, the group said.
“Fisherfolk are alarmed that this decision will render them even poorer than their current already dire condition. They anticipate the fish stocks to be depleted further and that its recovery will be almost impossible,” Ramos said.
Pangisda Philippines president Pablo Rosales said artisanal fisherfolk are struggling to find ways to survive while complying with the state’s fisheries rules and laws.
Rosales shared Oceana’s sentiment that hunger and poverty among small-scale fishermen might worsen if commercial fishing vessels would be allowed to enter and operate within the municipal waters.