Ato ang Kinse is a renewed call to restore — as far as I can recall — what has always been historically known as the concept of reserving the use of 15 kilometers of the sea from the shoreline, commonly known as municipal waters, as fishing grounds for small-scale registered municipal fisherfolk in accordance with our Fisheries Code. These are the people who go out to the sea in their bancas with just their bugsay, or with motorized vessels of about three gross tons or less, or those fishing without vessels.
Recently, the Supreme Court created a furor among those who want to protect the ocean, protect the rights of subsistence fishermen who depend on these waters for their livelihood, and ensure they are safeguarded against displacement by large-scale commercial fishing.
The Supreme Court upheld the decision of the Regional Trial Court of Malabon. Now who would ever think this thing could happen? That our highest court would decide to favor big fishing corporations, and hand over to them the silver plate of the best fish there is, while pushing subsistence fisherfolk to the corner?
On October 2023, Mercidar, a large fishing corporation, challenged the Fisheries Code’s ban on large scale fishing operations within municipal waters. Take note, Mercidar is the company behind Mega sardines.
They also challenged the power of local governments to control these waters, and set rules who can fish there.
The Regional Trial Court of Malabon declared that certain sections of the Fisheries Code are unconstitutional . The RTC also argued that the control over natural resources belongs to the national government, and not to the local government.
One reason for Mercidar to have won the case could be that the Department of Agriculture and the Bureau of Fisheries & Aquatic Resources failed to file an appeal within the time frame given them, when both were summoned by the Malabon RTC.
The implication of this decision is that commercial fishers will now become more fierce competitors to our subsistence fishers. Furthermore, commercial fishing vessels may enter the waters shallower than seven fathoms (12.8016 meters) which was once a limit set within the Fisheries Code.
Our marine resources and ecosystems are at stake. Remember, the coral reefs that we are trying to protect are within these depths. The commercial vessels can drag their trawling nets across the delicate coral systems. Imagine the destruction!
Oceana, the world’s largest international advocacy organization focused on ocean conservation, has teamed up with other NGOs, environment groups, fishers associations, the Bishops and the clergy, and scientists in filing a petition for intervention for the Supreme Court to reverse its decision.
A number of local government units and provincial governors have officially issued statements supporting the rights of our fishermen, and their 15-kilometer turf. The list of LGUs includes Iloilo, Negros Occidental, Bohol, Eastern Samar, and Palawan.
Thus far, Gov. Chaco Sagarbarria has issued an executive order against the decision of the Supreme Court on the Mercidar ruling.
During the National Fisherfolk Day on May 31, the Ato ang Kinse movement was introduced at the Silliman Beach, where an ecumenical interfaith ceremony was celebrated.
What can each of us, or each of our businesses/ organizations/institutions do in our respective circles of influence?
*Appeal to your Mayor, the Governor, our Representatives in Congress, the Senators — to resist attempts to disregard people’s constitutional rights of preferential access of municipal waters for municipal fisherfolk;
*Issue a Statement of Support in solidarity with our fisherfolk for the protection of municipal waters;
*Help raise awareness, and encourage stakeholder action through social and traditional media;
*Campaign for the increase in the number of marine reserves, or expand the areas of existing ones.
Considering the negative impact of this Mercidar ruling on our basic rights, this subject needs to be discussed extensively and often enough over the radio/TV, and on social media, until people understand what this means for all of us, not only our fishers in the community.
Ato ang Kinse…Atin ang Kinse…Our 15 Kilometers is a call we will continue to cry as long as needed. (Sources: Oceana’s Primer on Municipal Waters, Manila Times, Philippine Daily Inquirer, Rappler)
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Author’s email: terryneemwindler@gmail.com
