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BACOLOD CITY — The provincial government of Negros Occidental has expressed concern over the possible impact of recent Supreme Court decision to the province small-scale fishers.
Gov. Eugenio Jose Lacson said in a statement on Feb. 20 that the high court decision allowing commercial fishers within the municipal waters will affect more than 45,000 marginalized fishing communities from 472 fisherfolk associations in 25 coastal cities and municipalities.
ANIMAL FARM Negros Occidental Gov. Eugenio Jose Lacson speaks to animal raisers during the distribution of assistance to the members of the Poultry and Livestock Association in Negros Occidental at the Capitol Social Hall in Bacolod City on Wednesday, July 19, 2023. CONTRIBUTED PHOTO
Lacson said through the establishment of integrated coastal resource management programs, the province has empowered local fishing communities to transition into responsible stewards of the marine ecosystems through continuous education, livelihood support and conservation initiatives.
"This ensures food security, biodiversity conservation and sustainable fisheries management," the governor said.
On Friday, Lacson wrote Vice Gov. Jeffrey Ferrer, requesting the Sangguniang Panlalawigan to pass a resolution expressing concern over the court's decision.
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Among the province's recent initiatives is the sustainable production of blue swimming crab (BSC) in Manapla town's Barangay Tortosa, a model village for the pilot implementation of the Blue Swimming Crab National Management Plan through the "Adopt-a-Village Project" platform.
The BSC Adopt-a-Village project envisions improving the socioeconomic conditions of the fishers and other community members through profitable social enterprise.
Still, small-scale fishers remain among the most vulnerable sectors in the country, facing threats such as climate change, illegal fishing and limited economic opportunities, Lacson said.
"As these challenges persist, we must uphold their preferential rights to municipal waters, allowing them to sustain their livelihoods while contributing to the nation's food security," he said.
"We call upon our national leaders, policymakers and stakeholders to support our advocacy for safeguarding municipal waters for small-scale fishers," the governor said.
In a separate statement, the Provincial Environment and Management Office (PEMO) said they strongly uphold the rights of small-scale fisherfolk and the protection of the country's marine resources.
"We call on all stakeholders — government agencies, academe, civil society and the public — to stand with us in safeguarding the welfare of our artisanal fishers and ensuring the sustainability of our coastal and marine ecosystems," it added.
According to the PEMO, the recent court ruling allowing commercial fishing vessels within the 15-kilometer (km) municipal waters is "a serious concern for our local government, fisherfolk and coastal communities."
"This decision threatens livelihoods, marine biodiversity and decades of efforts in sustainable fisheries management," the agency lamented.
The high court's First Division, in a resolution dated Aug. 19, 2024, upheld a Malabon Regional Trial Court (RTC) decision declaring the Fisheries Code's preferential access provisions unconstitutional.
The Malabon RTC had rendered the ruling in a suit filed by a private Navotas-based commercial fishing firm, Mercidar Fishing Corp., which filed a petition for declaratory relief on Oct. 25, 2023.
Among the portions of the Fisheries Code invalidated by the Malabon court was Sec. 16 on the jurisdiction of the municipal government to regulate commercial fishing in municipal waters of up to 150 km from the shoreline.
The RTC also struck down the outright ban on commercial fishing in waters with a depth of less than seven fathoms.
Meanwhile, Alyansa Para sa Bagong Pilipinas senatorial candidates have expressed concerns on the decision of the court.
They said it would not only affect the livelihood of thousands of fisherfolk but also jeopardize marine biodiversity.
Senate Majority Leader Francis Tolentino, Las Piñas Rep. Camille Villar, former Senate president Tito Sotto and former and local government secretary Benhur Abalos pushed amendments in the Bureau of Fisheries and Aquatic Resources Code, through legislation, to clearly specify the distance of the local government unit (LGU) territorial waters.
Tolentino said that a motion for reconsideration has already been filed before the Supreme Court.
He added that allowing commercial vessels to enter municipal waters is a direct competition to blue crab producers, not only in E.B. Magalona, Negros Occidental, but also in other fishing communities all over the country.
Villar said there is a need for collaboration between LGUs and nongovernmental organizations as well as the possible passage of legislation that creates specific conservation areas and sanctuaries for blue crabs.
Meantime, she said, to protect the livelihood of crab producers and small fisherfolk, "we have to strengthen them through micro-financing and additional training so that they can support themselves and sustain their livelihood."
