BFAR appeals SC ruling on delimitation of municipal waters

MANILA, Philippines — The Bureau of Fisheries and Aquatic Resources (BFAR) has asked the Supreme Court (SC) to reverse its decision allowing commercial fishing within the country’s 15-kilometer municipal waters reserved for small-scale fishers.

“This decisive action underscores the agency’s unwavering commitment to utilizing all available legal remedies to secure a fair and just resolution of the case,” BFAR said in a statement, explaining its move to file a motion for reconsideration of the SC’s ruling.

“This move reflects the agency’s proactive stance in ensuring that the implications of the court’s decision are thoroughly reviewed, particularly given the potential impact on national policies, environmental conservation and the livelihoods of those in the fisheries sector,” BFAR added.

Former Agriculture secretary Leonardo Montemayor has accused BFAR and the Department of Agriculture (DA) of “sleeping on the job and failing to appeal the Court’s decision within the required period.”

Last Dec. 19, the High Tribunal nullified provisions of the Fisheries Code restricting commercial fishing within municipal waters.

It also upheld a Malabon Regional Trial Court decision that deemed preferential access for small-scale fishers unconstitutional. The ruling was in response to a petition by Mercidar Fishing Corp.

BFAR said it “recognizes the gravity of this case, which has far-reaching consequences for sustainable resource management, environmental protection and the welfare of affected communities.”

While awaiting the resolution of its motion for reconsideration, BFAR stressed it would keep its “steadfast dedication” to its core mandate of protecting and conserving the nation’s aquatic resources.

“The agency remains resolute in its mission to uphold the welfare of small-scale fishers and coastal communities who are vital stakeholders in the country’s fisheries sector,” BFAR added.

BFAR emphasized the importance of adhering to due process and fostering judicial transparency.

“The agency remains hopeful that the judicial process will yield a resolution that protects both the environment and the people who depend on its resources,” BFAR said.

Montemayor, who is also the board chairman of the farmers’ group Federation of Free Farmers (FFF), joined various small fisherfolk organizations in opposing the decision of the SC’s First Division, which struck down a longstanding provision of the Philippine Fisheries Code of 1998 reserving municipal waters for the exploitation and use by the country’s two million small fishers.

According to Montemayor, as a peasant sector representative in the 10th Congress, he co-authored the Fisheries Code or Republic Act No. 8550, later amended under RA 10654.

International marine conservation group Oceana, together with various civil society organizations and a coastal local government unit, submitted to the SC a petition to intervene.

“Our fisheries are in crisis due to unchecked overfishing and illegal practices. While science-backed reforms under RA 10654 offer a clear path to recover from these, we are disappointed to find the courts and our government agencies acting in the opposite direction,” Oceana vice president Gloria Estenzo Ramos said.

“To protect both our marine ecosystems and our artisanal fisherfolk, we must enforce the law and stand firm against exploitation,” she added.