News Details

MANILA BULLETIN

Fisherfolk groups and a non-profit organization have opposed what they described as “unwarranted haste and underhanded” process of presenting the proposed amendments to the Amended Fisheries Code or Republic Act (RA) 10654.

Through a position letter sent to Department of Agriculture (DA) Sec. Domingo Panganiban, DA Undersecretary for Fisheries Drusila Bayate, and Bureau of Fisheries and Aquatic Resources (BFAR) Director Demosthenes Escoto, groups of fishers and Oceana have demanded greater transparency in the efforts of the BFAR and the commercial fishing sector to introduce major amendments to the Philippine Fisheries Code, as well as a lack of consultation with a broad representation of all sectors, including municipal fisherfolk across the country.

Martha Cadano, fisherfolk leader from Region VIII (Northern Samar) who attended the consultation convened by BFAR in Manila recently, said she was not given a change to clarify matters as she was not allowed to ask a question. 

“Gusto nilang mag-compromise tayo sa kanilang mga kagustuhan kahit hindi kumpleto ang mga impormasyong ibinibigay sa atin tungkol sa mga gusto nilang palitan sa batas (The want us to make a compromise from what they want even the information they provide us about what they want to change in the law is incomplete),” she said.

The signatories of the statement have expressed their “vehement objection concerning the ongoing consultations conducted in a hotel in Manila to amend the Amended Fisheries Code of the Philippines. 

“We believe that there is no urgent need for drastic amendments; rather, it is more essential to implement the law. We must also evaluate  the implementation status of the existing law at the very least. Without this evaluation, it becomes challenging to make an informed decision on whether legislative solutions are indeed necessary, or if legislation is the appropriate solution to address the existing problems in our fisheries.”

Per Oceana Acting Vice President and Legal and Policy Director, lawyer Rose Liza Eisma Osorio, the BFAR did not even conduct an assessment to analyze the efficacy, relevance, and impact of existing provisions of the Amended Fisheries Code to support the proposed revisions.

“It is more disconcerting to know that the direction of the changes that BFAR and the commercial fishing sector are pushing is to allow the unrestricted access of commercial fishing sector to catch fish within municipal waters, through an amendment to Section 18. Such a proposition blatantly contradicts the 1987 Constitution, which mandates the protection of the rights of subsistence fishermen to the preferential right to the use of local marine and fishing resources,” she explained.

As such, the group took note of the full enforcement of the existing Fisheries Code is needed, not an amendment.

Under the current RA 10654, mechanisms such as the Fisheries Management Area system are currently in place to adopt science-based policies to sustainably manage our country's fisheries in a decentralized and transparent governance that must be properly implemented. According to the groups, the proposed amendments contradicts the law's fundamental purpose.

On Oct. 12, 2020, Agriculture Secretary William Dar released Fisheries Administrative Order No. 266, which acts as rules and guidance in the implementation of the Vessel Monitoring Measure (VMM), in compliance with Section 14 of the Fisheries Code, as modified. The VMM includes effective monitoring, control, and surveillance measures to improve vessel tracking and deter illegal, unreported, and unregulated fishing.

Osorio noted that the BFAR has not fully implemented these mechanisms that are still responsive to changing circumstances, and yet, they are already pushing for an amendment of the law.

Oceana is a global advocacy organization dedicated to the preservation of the world's seas.