Large commercial fishing vessels are still banned from municipal waters and, as such, are under the radar of the Bureau of Fisheries and Aquatic Resources (BFAR) in Negros Oriental.
BFAR-Negros Oriental chief Florencia Mepaña told the Philippine News Agency July 3 that commercial fishing is still prohibited within the 15-km. municipal waters despite a Supreme Court ruling allowing this, relative to the case filed by the Mercidar Fishing Corp.
“The stand of BFAR is that only Mercidar is covered by the court ruling allowing commercial fishers inside the municipal waters. I have forwarded a copy of the BFAR’s statement on this to the Capitol for dissemination,” Mepaña said.
Mercidar filed a case against the Department of Agriculture and BFAR before the Malabon Regional Trial Court (RTC) back in 2023, questioning “the constitutionality of the exclusivity or preferential right of the small fisherfolks in the municipal waters.”
The Malabon RTC ruled in favor of Mercidar, which was later upheld by the Supreme Court (SC) after the DA and BFAR did not file their motion for reconsideration on time.
Mepaña said that unless the SC ruling becomes final and executory, BFAR is not allowing commercial fisheries within the territorial waters of the towns and cities.
Oceana, an international organization focused on helping protect and restore the world’s oceans, has filed a motion for intervention with the high court, calling for the reversal of its decision.
It is calling on the government to protect the constitutionally prescribed preferential right of municipal fisherfolk to municipal waters and the jurisdiction granted to coastal local government units to manage and protect these waters.
Mepaña said the Coast Guard in Negros Oriental has been informed of BFAR’s stand and has been requested to help undertake maritime patrol against commercial fishing vessels along the province’s coastal waters.
The Negros Oriental police will also be provided with a copy of BFAR’s statement for guidance, she added. ||
