Dispute Resurfaces Over Commercial Fishing In Municipal Waters

A debate over whether commercial fishing vessels should be allowed in municipal waters resurfaces, pitting BFAR against environmental groups and small-scale fishers concerned about food security and livelihoods. (Oceana Photo)

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MANILA, Philippines โ€” A long-running dispute over who gets to fish in the countryโ€™s municipal waters โ€” the first 15 kilometers from the shoreline โ€” has resurfaced, rekindling tensions between government fisheries officials, environmental groups, and small-scale fisherfolk.

At the center of the debate is whether commercial fishing vessels should be allowed to operate in waters traditionally reserved for municipal and subsistence fishers, who rely on nearshore fishing grounds for food and daily income.

Protected waters under the law

Municipal waters are coastal fishing areas extending up to 15 kilometers from a townโ€™s shoreline. Marine scientists consider these zones critical because they function as spawning and nursery grounds for fish and other marine species.

Under the 1987 Constitution and the Philippine Fisheries Code, the State is mandated to protect the preferential rights of small-scale fishers to these waters. Local government units are also given authority to regulate and manage fishing activities within their municipal jurisdictions.

Environmental advocates warn that allowing commercial fishing in municipal waters could worsen overfishing, damage coastal ecosystems, and threaten the livelihoods of millions of small fishers.

BFAR cites regulated access

The Bureau of Fisheries and Aquatic Resources (BFAR) has said that allowing commercial fishing in parts of municipal waters can be science-based and regulated, particularly under the countryโ€™s Fisheries Management Areas (FMAs) framework.

BFAR officials have argued that commercial fishing may be permitted under specific conditions, especially in the 10- to 15-kilometer zone, to help improve fish supply and industry efficiency.

Oceana disputes BFARโ€™s claims

Marine conservation group Oceana Philippines has pushed back against BFARโ€™s position, saying it contradicts the governmentโ€™s own fisheries data showing that most Philippine fish stocks are already overfished or depleted.

Oceana said municipal waters should be allowed to recover rather than opened further to large fishing vessels. The group also warned that commercial fishing in nearshore areas would crowd out small fishers, who lack the capital and equipment to compete.

The organization pointed to constitutional and legal provisions that give preferential access to municipal fisherfolk.

Oceana is backing proposed bills in Congress that seek to grant exclusive fishing rights to small-scale fishers, establish buffer zones to keep commercial vessels farther offshore, and strengthen the authority of local governments over municipal waters.

Court rulings raise stakes

The issue gained urgency following recent court rulings that struck down provisions barring commercial fishing in municipal waters, effectively allowing large fishing firms to operate closer to shore.

The decisions triggered opposition from fisherfolk organizations, environmental groups, and local governments, who argue that the rulings weaken coastal protection and threaten food security.

Petitions have since been filed urging the Supreme Court to revisit the rulings.

High stakes for food and livelihoods

The outcome of the dispute has implications beyond fisheries regulation.

Small-scale fishers supply a significant share of the countryโ€™s affordable fish, a staple in Filipino households. Millions of Filipinos also depend on nearshore fishing for their livelihoods.

Scientists and environmental groups warn that opening municipal waters to commercial fishing could push already stressed fisheries closer to ecological collapse.

The renewed debate over municipal waters highlights a broader struggle over access, equity, and sustainability. It is a struggle where industrial fishing interests and coastal communities vie for control of increasingly scarce marine resources. How the government resolves the issue could shape the future of Philippine fisheries for decades.

Photo Courtesy: Oceana

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