Fishery stakeholders stand firm against the mandate for commercial fishing vessels to install tracking systems so that their fishing activities are effectively monitored by the Bureau of Fisheries and Aquatic Resources (BFAR).
Fisheries Administrative Order 266 issued in 2020 require all commercial fishing operators to install a vessel monitoring system so that they can be tracked and report on their catch to the authorities.
But an industry leader warned the cost of fish would soar to astronomical levels if the policy is enforced despite it being declared null and void by a trial court as unconstitutional and its implementation suspended by the Office of the President until after a decision by the Supreme Court on the issue.
Roderic Santos, Inter-Island and Deep Sea Fishing Association director, said the edict has dire consequences should it be implemented, especially on food security as consumers are exposed to price shocks.
“The entire local fishing industry is against FAO 266. No commercial fishing vessel will continue to operate if this unconstitutional regulatory measure is enforced. It will see many, if not all, commercial fishers not going out to the sea and this means a shortage of fish. A shortage of fish will, of course, increase prices,” Santos said in a statement.
Santos also echoed the sentiments of the Alliance of Philippine Fishing Federations Inc. (APFFI), the umbrella organization of the various commercial fishing associations nationwide.
In its letter to the President and Department of Agriculture Secretary Ferdinand Marcos Jr., the APFFI warned the implementation of FAO 266 could “wipe out the commercial fishing industry, affecting food security as well as employment.”
In June 2021, the Malabon City Regional Trial Court Branch 170 issued a permanent injunction against FAO 266, declaring it null and unconstitutional.
Petitioners argue FAO 266 violates their constitutional right to privacy and against unlawful searches. This was on top also of violating the equal protection clause and the law it seeks to implement.
Petitioners claimed the information to be recorded and reported via an electronic reporting system, like position of the vessel, where the fish was caught, date and time and vessel activity, are sensitive information and part of trade secrets and proprietary information.
Last March, the Office of the President issued a memorandum directing the DA and BFAR to hold in abeyance the implementation of FAO 266 nationwide pending the final resolution over its constitutionality by the Supreme Court.
But some groups fear the presidential edict jeopardizes recent inroads made in accordance with international best practices on transparency and sustainability of seafood exports to the European Union (EU).
The Philippines Tuna Handline Partnership (PTHP), composed of the Gulf of Lagonoy Tuna Fishers Federation, Inc., the Occidental Mindoro Federation of Tuna Fishers Association, and the Philippine Association of Tuna Processors, Inc., said implementing FAO 266 is crucial to keeping its Marine Stewardship Council (MSC) certification, which it recently earned after a decade of initiatives ensuring that its operations adhere to international best practices.
“Ours are the first ever fisheries in the Philippines to be certified under the MSC standard, an achievement that is in line with President Marcos’ goal of bringing prosperity and self-sufficiency to our nation. We are worried that the suspension of vessel monitoring measures to ensure transparency in fisheries will put our tuna exports at risk. We are continuously trying our best to comply with international standards of transparency and sustainable fishing practices to ensure that small-scale tuna fisherfolk can sustain the breakthrough we have achieved in reaching international export markets,” said Atenogenes Reaso, a representative of the Federation of Tuna Fishers.
PTHP said it secured the MSC ecolabel in October 2021 which signals to consumers that the fish they are purchasing has been sourced sustainably.
On the other hand, Jinky Rabano from Jarla Trading and the Philippine Association of Tuna Processors Inc., said the government agency must intervene in the matter to keep the country from being red flagged by the EU.
In 2014, the EU issued a yellow card on Philippine fishery exports, which threatened to bar the country from exporting to markets in Europe. Amendments to the Fisheries Code of the Philippines were made to address this, which led to the implementation of mandatory vessel monitoring measures.
The groups added that its effects will be drastic as the EU is the Philippines’ top export market, and is the destination for 21 percent of total fisheries exports.
