First of three parts
CANNED sardines and bagoong (shrimp paste) are two of the most affordable food items for poor Filipinos. But these food items, the government warned, could disappear from their tables if nothing is done to curb illegal fishing.
To put more teeth into existing fishery regulations, the Philippines recently put in place Republic Act (RA) 10654. The new law amended RA 8550, otherwise known as the Philippines Fisheries Code of 1998. A few weeks ago Agriculture Secretary Proceso J. Alcala signed the implementing rules and regulations (IRR) of the amended law.
While the intention of the new law is to prevent illegal fishing, some commercial fishermen continue to protest its IRR is “restrictive and inhumane.” Their opposition centers on the stiffer fines imposed by the amended fisheries code as these now range from P500,000 to P10 million. The previous law requires violators to pay only as much as P500,000.
The recently signed IRR covers specific procedures on how to impose the penalties to fishermen who commit illegal fishing. It also lays down the guidelines on the enforcement of various fisheries-conservation measures.
One of its salient features is the requirement of Vessel Monitoring Measures (VMM) for Philippine-flagged commercial fishing vessels operating outside the country’s waters and commercial fishing vessels of 30 gross tons (GT) and above which are operating within Philippine waters.
The IRR on the Amended Fisheries Code also includes a provision on the use of active gears, such as purse seine, locally known as pangulong and ring net or taksay by small- and medium-scale commercial fishing vessels, which are allowed to operate in 10.1 to 15 kilometers off the shoreline. Big commercial-fishing vessels are banned within the area.
According to lawyer Benjamin Tabios, director for policy and planning of the Bureau of Fisheries and Aquatic Resources (Bfar), during the crafting of the IRR for the amended law, fishermen recognized the need to immediately address the problem of illegal fishing.
“Eventually, both those in the opposing sides realized that they are in the same boat, and the boat is sinking,” Tabios told BusinessMirror in an interview, adding that science was “instrumental” in determining the extent of illegal fishing and the steps that need to be taken.
“For example, we now know where, when, and how different species of fish spawn, which is critical in deciding when to allow fishing or temporarily ban,” he said, noting that even the commercial fishermen present at the meeting had to agree that closed season or temporary ban on fishing specific species in determined areas should have been practiced years earlier.
In a separate interview, Ruperto B. Aleroza, National Anti-Poverty Commission (NAPC) sectoral vice chairman, said the amendment process has been an “eye opener” for everyone.
For example, dulong, which is a popular fish viand usually cooked as omelet, is not actually a separate species but was spawned from different fish families, such as sardines and its relatives, making it illegal to catch it as it could be only caught using fine-mesh nets, Aleroza said.
In contrast, the small shrimp used for bagoong or shrimp paste, another local delicacy, is actually a separate species, so fishermen are allow to catch it, but not all-year round because studies have shown that the species is seasonal. The government continues to look into the months when alamang is abundant.
Aside from weak penalties in the Fisheries Code of 1998, Aleroza said there were also not enough personnel to patrol the country’s waters. At the time, he said non-governmental organizations (NGOs) and environmental activists took it upon themselves to man the seas. Volunteers served as “bantay dagat” or sea wardens who patrol Philippine seas.
According to Tabios, it was only during the Aquino administration that the enforcers of the fisheries law have grown to a respectable 778, from only 4. He said, however, that the current number of enforcers is still not enough considering that the Philippines have roughly 36,900 kilometers of coastline that need to be monitored seven days a week.
Tabios said bantay dagat or the sea-patrol movement was set up in the 1970s to help the government protect coastal waters, with members drawn from local fishermen who undergo training. The current national director of BFAR, Asis G. Perez, is a known advocate of the bantay- dagat movement. Aleroza said small fishermen would benefit the most from more stringent measures against illegal fishing. Currently, there are 1.2 million small fishermen in the country. This number does not yet include their families.
“If rampant illegal fishing is curbed, fish stock will improve. Eventually, this will benefit commercial fishermen because they would have more raw materials for their production,” he said.
Many commercial fishermen who use bigger boats can haul hundreds of tons of fish every single operation. More often than not, they fish in municipal waters where they are restricted, making it difficult for small-scale fishermen to compete because they do not have the requisite fishing gear.
Under RA 10654, there will now be harvest- control mechanisms to limit fishing efforts based on the health of fishing grounds, including vessel-monitoring system that will tell authorities when and where exactly boats are fishing.
It is now unlawful to fish or take, catch, gather, sell, purchase, possess, transport, export, forward or ship out aquatic species listed by the Convention on the International Trade in Endangered Species of Wild Flora and Fauna, or those categorized by the International Union for Conservation of Nature and Natural Resources as threatened, or those marine and aquatic species determined by the Department of Agriculture.
To be continued
Image credits: Nonie Reyes