Oceana Accuses BFAR of โ€˜Betrayalโ€™ Over Supreme Court Ruling Favoring Commercial Fishing

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Oceana slams BFAR for interpreting SC ruling in favor of commercial fishers, warning of threats to municipal waters and small-scale livelihoods. (Image by freepik)

MANILA, Philippines โ€” International marine conservation group Oceana has accused the Bureau of Fisheries and Aquatic Resources (BFAR) of abandoning its mandate to protect small-scale fishers, alleging the agency is advancing an interpretation of a Supreme Court ruling that benefits commercial fishing operators.

The group said BFARโ€™s stance on a recent decision involving Mercidar Fishing Corporation risks opening municipal waters โ€” long reserved for artisanal fisherfolk โ€” to large commercial fleets.

โ€œInstead of fighting for the rights of 2.2 million municipal fisherfolk as mandated by law and the Constitution, BFAR is interpreting the ruling in a way that benefits large commercial fleets,โ€ Oceana Vice President Von Hernandez, in a statement, said.

The ruling, issued by the Supreme Courtโ€™s First Division, is not yet final. But Oceana warned that BFARโ€™s interpretation is already shaping enforcement on the ground, creating confusion among local governments, maritime authorities, and coastal communities.

Hernandez questioned whether the agencyโ€™s position reflects a broader policy shift. โ€œOne wonders whether this is part of an intentional effort to set the narrative and slowly open municipal waters to commercial fishing interests,โ€ he said.

Senate hearing exposes tensions

The issue came to a head during a Senate Committee on Agriculture hearing chaired by Senator Francis โ€œKikoโ€ Pangilinan, where BFAR Director Elizer Salilig maintained that the ruling allows Mercidar to operate in municipal waters without harming small fishers.

But testimonies from local officials and fisherfolk painted a different picture.

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Pangilinan cited accounts showing commercial vessels encroaching into nearshore fishing grounds, directly competing with municipal fishers and driving down their already dwindling catch.

Restituto del Rosario, the artisanal fisherfolk representative to the National Anti-Poverty Commission, described worsening conditions at sea.

โ€œMas lumalayo na kami para makahuli ng isda, mas tumatagal ang pangingisda, at paliit nang paliit ang huli,โ€ he said, pointing to what he described as the steady depletion of fish stocks in municipal waters.

He also questioned why fisherfolk remain among the poorest sectors despite the presence of multiple enforcement agencies.

Enforcement gaps and alleged incursions

Local enforcement teams echoed these concerns, pointing to continued incursions by commercial vessels.

In Nasugbu, Batangas, barangay leader Marlon Limok recounted how their Bantay Dagat unit apprehended a commercial fishing vessel linked to Mercidar in October last year.

The vessel, he said, was operating just 10 kilometers from shore โ€” well within municipal waters โ€” and carried an estimated 15,000 kilos of fish.

โ€œKung municipal fisher ang huhuli niyan, aabutin ng ilang buwan bago makuha ang ganyang dami,โ€ Limok said, underscoring the scale of competition faced by small fishers.

โ€˜Perfect stormโ€™ for illegal fishing

Oceana warned that external pressures, particularly rising fuel costs linked to ongoing geopolitical tensions in the Middle East, are making nearshore fishing more attractive for commercial operators.

This, combined with what the group described as BFARโ€™s โ€œnarrative trajectory,โ€ could create a โ€œperfect stormโ€ for increased illegal incursions into municipal waters.

โ€œThe increasing price of fuel should push BFAR and enforcement agencies to double down on vessel monitoring and coordination with local governments,โ€ Hernandez said. โ€œInstead, we are seeing moves that risk legitimizing the plunder of municipal waters.โ€

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Fisheries in decline

Oceana cited its Fisheries Audit report on the implementation of Republic Act 10654, which found that despite existing legal protections, the countryโ€™s fisheries sector continues to deteriorate.

The report estimates annual losses of more than 45 million kilos of fish, while fisherfolk families remain trapped in poverty.

For Oceana, the stakes go beyond legal interpretation.

โ€œOur fishers are the ones putting food on our table, yet they are the ones going hungry,โ€ Hernandez said. โ€œInstead of enforcing science-based recovery measures, BFAR is pushing policies that could allow commercial fleets to raid the last refuge of our fish stocks.โ€

The group called on BFAR to reverse course, strengthen enforcement, and support local governments in defending the countryโ€™s 15-kilometer municipal waters from commercial exploitation.

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