Bill seeks exclusive fishing rights for small-scale fishers

It is high time to have a proposed law that promotes the full protection of municipal fisheries from commercial fishing operations that, if not outright destructive, are large-scale and unregulated

MANILA — Makabayan lawmakers, accompanied by Pambansang Lakas ng Kilusang Mamamalakaya (Pamalakaya), filed “Atin Ang Kinse Kilometro Bill” or House Bill 5606 to protect the exclusive rights of small and subsistence fisherfolk within 15-kilometer municipal waters on Monday, Oct. 20.

The bill, proposed by Kabataan Party-list Rep. Renee Louise Co, ACT Teachers Party-list Rep. Antonio Tinio, and Gabriela Women’s Party Rep. Sarah Jane Elago, challenges the Supreme Court (SC) ruling last year which allows commercial fishing vessels to fish within the 15-kilometer municipal waters, previously known as traditional fishing grounds for small-scale fisherfolk. 

The SC decision upheld the ruling of the Malabon Regional Trial Court in favor of Mercidar Fishing Corporation which has been contested by the fishers group since then.

“This is a response to the court’s order to fully open the municipal waters to commercial fishing vessels. It affirms the rights of small-scale fishers to the municipal waters, which big fishing businesses are trying to take away,” said Fernando Hicap, chairperson of Pamalakaya, in a statement.

Commercial fishing is defined as large-scale fishing activities conducted through the use of “passive or active fishing gear for purposes of trade, business, or profit beyond subsistence,” according to the bill. The bill also defines “municipal fisherfolk” which is an individual engaged in fishing and related activities, whose fishing vessel is three gross tons or less.

“The State shall hold that the national fishery and aquatic resources sector, especially small-scale fishing, is vital for the recovery of the national economy and attainment of national food security, and recognizes the fisherfolk sector as a frontline sector, deserving of adequate protection of their rights to an adequate standard of living,” the bill read.

Philippine Statistics Authority data in 2023 showed that the fisherfolk sector is among the poorest sectors at 27.4 percent, slightly lower than that of indigenous peoples at 32.4 percent (top poorest sector).

“It is high time to have a proposed law that promotes the full protection of municipal fisheries from commercial fishing operations that, if not outright destructive, are large-scale and unregulated,” Hicap said.

Pamalakaya will also lead a nationwide campaign to support its passage through protest actions, community discussions, lobbying, and engagement with various stakeholders.

“Even though the court’s order has not yet been fully implemented, large-scale commercial fishing operations are already widespread in our fishing grounds, causing greater losses for small-scale fishers and the rapid depletion of fish and other marine resources,” Hicap said.

Marine conservation organization Rare Philippines reported that there are 1.9 million Filipinos registered as small-scale fisherfolk. In 2022, the Bureau of Fisheries and Aquatic Resources (BFAR) recorded that there were 5,090 registered commercial fishing vessels certified as licensed in 2022. 

Both the lawmakers and the fishers group stressed that the court’s favorable ruling to commercial fishing vessels could result in exacerbation of socio-economic conditions of the small-scale fisherfolk.

“They [small fisherfolk] face delineation of fishing grounds, territorial permit systems, harvest controls, and unjust fishing regulations that further limit the access of small fishers to traditional fishing grounds,” the House Bill’s explanatory note read. (DAA)

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