Recently, the Supreme Court upheld a lower court’s decision that declared parts of the Philippine Fisheries Code unconstitutional, specifically those restricting commercial fishing within municipal waters. This ruling effectively removes the 15-kilometer limit that previously protected small-scale fishers and allows commercial fishing vessels to operate in these areas.
The “Atin ang Kinse” or “Kinse kilometro, Atin ‘to!” (The 15 kilometers is ours!) movement is a campaign advocating for the protection of small-scale fisherfolk’s access to municipal waters, specifically the 15-kilometer area from the coastline. This campaign is rooted in a legal battle where a court ruling, which is being contested, redefined municipal waters and their jurisdiction, potentially impacting the preferential rights of small-scale fishermen.
As published, International marine protection group, Oceana and Pablo Rosales, President of PANGISDA Pilipinas condemn the ruling of the Supreme Court’s First Division upholding the Malabon Regional Trial Court’s decision on the petition of Mercidar Fishing Corporation to declare the preferential access of municipal fisherfolk to 15-kilometer municipal water unconstitutional, among others.
“In the past five years, we have been working hard with partners from the public, private and civil society sectors to achieve science-based management and rebuild our fisheries through much-needed reforms under RA 10654 which amended RA 8550, the Fisheries Code, as our fisheries are already adversely impacted from impacts of overfishing and illegal fishing and other human-induced pressures. These genuine reforms include establishment of science-based and participatory fisheries management areas, implementation of tracking device for all commercial fishing vessels and having the platforms for stakeholders like our poverty-stricken artisanal fisherfolk in the management body. The Constitution is likewise clear on the social justice provision that mandates the preferential access to artisanal fisherfolk in the 15-kilometer municipal waters. The designation of this protected zone in the Fisheries Code as amended by RA 10654 was based on science – on the need to protect the important and interconnected marine habitats and ecosystems that will help restore our fisheries. Despite this provision, overfishing and illegal commercial fishing were and remain pervasive and which have caused our fish population to decline,” said Atty. Gloria Estenzo Ramos, Oceana Vice President.
Fisherfolk are alarmed that this decision will render them even poorer than their current already dire condition. They anticipate the fish stocks to be depleted further and that its recovery will be almost impossible.
“Dapat iisa ang tunguhin ng judiciary, executive at lehislatura. Nilikha ang batas na ito na matagal nang ipinatutupad. Kami nga na artisanong mga mangingisda, humahanap ng paraan para mabuhay habang sumusunod sa batas. Batas yan eh, may pinagdaanang proseso. Bakit hindi sundin?” said Pablo Rosales, PANGISDA Pilipinas President.
In a statement issued to the media, Oceana and PANGISDA Pilipinas said the government faces an even bigger problem ahead if it will not act on the efforts of commercial fishing companies like Mercidar to undermine the implementation of existing laws as they foresee massive hunger and even more abject poverty that will spread in coastal communities due to unabated exploitation of our marine resources. Isda is life!
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Author’s email: whelmayap@yahoo.com
