BFAR to appeal SC decision vs fishing vessel monitoring policy

MANILA, Philippines – The government will appeal the Supreme Court’s ruling that struck down as unconstitutional the Department of Agriculture’s vessel monitoring policy, the agency said on Monday, August 3.

The Bureau of Fisheries and Aquatic Resources (BFAR) will file the motion for reconsideration to keep the Fisheries Administrative Order No. 266 (FAO 266), the policy that outlined the vessel monitoring measures for Philippine-flagged commercial fishing vessels.

In a statement, BFAR said the policy is “more than a tracking device,” and is a “frontline enforcement tool” to fishers’ compliance during closed fishing seasons and on conservation measures against illegal fishing.

According to BFAR, the High Court’s decision goes beyond the one administrative order it struck down. The bureau emphasized that commercial fishing licenses are privileged granted to private companies, and are subject to state regulation.

“While a group of commercial fishing operators questioned the regulation behind the mandatory vessel monitoring, the government still faces mounting pressure to strengthen fisheries enforcement, protect dwindling fish stocks and comply with international commitments on traceability and sustainable fishing,” read part of a BFAR statement.

Meanwhile, Agriculture Secretary Francisco Tiu Laurel Jr. stressed that the vessel monitoring system they are mandating for commercial vessels is the “most effective way” to deal with illegal, unreported, and unregulated fishing.

“We are fairly confident the Supreme Court will reconsider the ruling, and allow us to use this internationally recognized vessel monitoring system as the most effective way to deal with illegal, unreported and unregulated fishing as it relies on electronic data and not manual filing of commercial fishing firms,” said Laurel.

The SC promulgated its decision in January, citing the government’s violations, through FAO 266, against three commercial fishing operators’ rights against unreasonable searches and seizures, and their rights to due process and equal protection of law.

The High Court saw the vessel monitoring measures ineffective against illegal fishing, and found no proof that lack of implementation of the FAO 266 will have repercussions with the Philippines’ international commitments. – Rappler.com