Scientists urge SC: Protect fisherfolk鈥檚 rights, municipal waters
FISHING composite image from Inquirer files
MANILA, Philippines—A scientist group has urged the Supreme Court to uphold the rights of small-scale fisherfolk amid legal battles over commercial fishing operations encroaching on municipal waters, which are meant to be reserved for artisanal fishers.
AGHAM – Advocates of Science and Technology for the People – expressed support for small fisherfolk, religious groups, and local government units (LGUs) resisting commercial fishing in municipal waters.
The group said allowing large-scale fishing operations in these areas could worsen the decline of the country’s fish stock and further threaten the livelihood of coastal communities.
Shrinking fishing grounds
A provision in the Philippine Fisheries Code of 1998 allows LGUs to grant commercial fishing vessels access to municipal waters under certain conditions. AGHAM, however, warned that this could dramatically shrink the fishing grounds available to over a million small-scale fishers.
Based on studies from various organizations, if the Supreme Court upholds its ruling on the Mercidor petition, municipal fishers could be left with just 2 percent of their traditional fishing grounds. In comparison, 98 percent of the country’s waters would be open to commercial fishing vessels.
Article continues after this advertisementUnder the law, commercial fishing inside the 10-15 kilometer municipal water zone is allowed only if the area is deeper than 7 fathoms (42 feet) and if LGUs permit it.
Article continues after this advertisement
However, some coastal areas reach this depth just a few kilometers from shore, raising concerns about the ease with which commercial fishers could enter municipal waters.
Mercidar Fishing Corp. challenged fishing restrictions on October 25, 2023. Less than two months later, the Malabon RTC ruled in its favor, nullifying municipal control over commercial fishing in the 15-km zone and lifting the ban on waters shallower than 12.8 meters.
On August 19, 2024, the Supreme Court upheld the decision, citing the OSG’s late appeal.
READ: Petition filed vs SC ruling on big-scale fishing in town waters
AGHAM also flagged the poor enforcement of rules prohibiting commercial fishers from using active fishing gear within these waters. Compounding the issue, some commercial operators continue to resist vessel monitoring systems — a key tool in tracking illegal, unreported, and unregulated fishing under the amended Fisheries Code (RA 10654).
“If commercial fishing operators and companies refuse to follow the existing rules, fully allowing them inside municipal waters would spell ecological disaster,” AGHAM warned.
Fish stocks declining
Recent data from the Bureau of Fisheries and Aquatic Resources (BFAR) and the Philippine Statistics Authority (PSA) showed an alarming trend.
As of 2022, the country had 370,000 registered municipal fishing vessels compared to just 5,090 commercial vessels. Despite being only 1.3 percent of total registered fishing vessels, commercial fishers produce almost as much catch as municipal fishers.
With the Supreme Court ruling allowing more commercial fishing in municipal waters, AGHAM fears that fish stocks will deplete even faster, pushing small-scale fishers deeper into poverty.
“If commercial vessels with highly efficient fishing gear gain wider access to municipal waters, it will only accelerate the exhaustion of our marine resources,” the group said.
AGHAM’s warning echoed a previous one by Oceana, an international marine protection group. They stated that the declining marine municipal fisheries output – already threatened by climate change, habitat loss, and pollution – faces an even greater risk if commercial fishing is legitimized within municipal waters, which are legally reserved for small-scale fishers.
READ: Fish harvest drops to lowest amid legal fight over municipal waters
A preliminary report from the PSA stressed the reported declines in marine municipal fisheries, inland municipal fisheries, and aquaculture. Only the commercial fisheries sector showed growth in 2024.
Marine municipal fisheries production dropped by 8.8 percent, from 879.96 thousand metric tons in 2023 to 802.77 thousand metric tons in 2024 — its lowest level since 2002. This reduced the sector’s share to 19.8 percent of total fisheries production.
In contrast, commercial fisheries output increased by 4.2 percent, reaching 857.33 thousand metric tons in 2024, up from 822.43 thousand metric tons in 2023. It now accounts for 21.2 percent of total fisheries production.
Gov’t support, not encroachment
AGHAM also refuted claims from commercial fishing groups that municipal waters are “underutilized” because many small-scale fishers lack the means to fish farther out at sea.
“Most municipal fisherfolk can’t afford fuel for longer trips, while others rely on loan sharks for capital. They often have no choice but to sell their catch to their creditors at unfair prices,” AGHAM said.
Instead of opening municipal waters to commercial fishers, AGHAM urged the government to step in with direct support for small-scale fishers.
Among their proposed solutions:
- Fuel subsidies to help municipal fishers expand their catch
- Rebuilding programs to replace boats lost in typhoons
- Government-backed loans and gear provisions to free fishers from exploitative lending practices
Widespread opposition
In line with AGHAM’s appeal were concerns raised by Oceana, which earlier described the Supreme Court’s ruling as “highly disturbing.” Oceana argued that municipal waters are legally designated for small-scale fishers and that opening them to commercial vessels violates their rights and threatens food security.
At least , including Cardinal Pablo Virgilio David, have also voiced opposition, warning that the ruling could push coastal communities into deeper poverty by allowing unfair competition.
READ: Groups to SC: Protect rights of small fishers
BFAR has filed a with the Supreme Court, arguing that allowing commercial fishing in municipal waters would contradict efforts to ensure sustainable fishing and marine conservation.
Graphics by Ed Lustan/Inquirer.net. Sources: Bureau of Fisheries and Aquatic Resources, Philippine Statistics Authority, AGHAM, Oceana
