Defend Municipal Waters for Artisanal Fishers - Oceana Philippines

Defend Municipal Waters for Artisanal Fishers

Defend Municipal Waters for Artisanal Fishers

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Overview

This crisis hits hard: in 2019, 27%–40% of fish caught in the Philippines came from IUU fishing, translating to losses worth approximately Php 62 billion (US $1.3 billion) annually. Equally alarming is that between 274,000 to 422,000 metric tons of catch go unreported each year. In addition to this, small-scale fisherfolk’s livelihood is under threat due to persistent attempts to allow commercial fishing inside the 15-KM buffer zone reserved for them. Oceana is fighting for the protection of the rights artisanal fishers to ensure their preferential and exclusive access to municipal waters

Background

Municipal waters, which extend to 15 kilometers from the shoreline, comprise about 15% of the Philippines’ maritime domain. They harbor important habitats such as mangroves, seagrass beds, and coral reefs that serve as breeding grounds for fish and other marine life. All told, 20% of the country’s catch comes from these waters. The vast majority is consumed domestically and it is the primary protein source for rural coastal communities. As such, protecting them from overfishing, illegal fishing and other destructive activities is important to a nation whose per capita fish consumption is double that of the United States.

Indeed, these waters support the livelihoods of at least 2.2 million fisherfolk, which is approximately 98% of all fishers in the country. Yet they are generally the poorest of the poor. The latest data from the Philippine Statistics Authority shows that fisherfolk remain at the bottom, ranking second in poverty incidence from 2021 to 2023. President Ferdinand Marcos, Jr.  has also identified improving food security and alleviating poverty as part of his administration’s flagship programs – both of which would be undermined by opening municipal waters to commercial fishing.  

Given the fact that the majority of Philippine fish stocks are overfished and have already exceeded sustainable yield limits, opening more waters to commercial exploitation would be contrary to the ecosystem-based approach to fisheries management, enshrined in the Philippine Fisheries Code of 1998 (Republic Act No. 8550), as amended by RA 10654 in 2015. This same Code includes the provisions that protected the 15 km zone for municipal fishers and formed the basis for some of our earliest campaigns to safeguard small-scale fishers access to near-shore marine resources.

Since Oceana’s start in the Philippines, we have consistently partnered with coastal communities, fisherfolk associations and enforcement agencies to strengthen monitoring systems, raise awareness of illegal commercial intrusions, promote community-led patrols, and support regulatory tools such as vessel monitoring mechanisms for commercial boats. Throughout our presence in the country, we have successfully pushed back against attempts to weaken the zone’s protection. For example, when proposals surfaced to amend the Fisheries Code or a bill was submitted to allow commercial fishing beyond a certain depth within municipal waters, we mobilized stakeholders, submitted position papers in Congress and testified before committees and raised public alarm until the threats were averted.

The most significant legal challenge in recent years involves Mercidar Fishing Corporation, a commercial fishing company that filed a regional court case challenging the constitutionality of the municipal waters protections. In response, Oceana intervened legally and publicly alongside similar petitions filed by the Fisheries Bureau and the Office of the Solicitor General to appeal the regional court decision that favored Mercidar, elevating the matter to the Supreme Court. Although the Supreme Court’s First Division decided to rule in favor of Mercidar’s petition by default, this decision is not yet final and was appealed by the Bureau of Fisheries and Aquatic Resources and petitions were filed as well by various stakeholders such as fisherfolk, local government units and civil society organizations.

Resources

#AtinAngKinse

Testimonial: Former Mayor Edsel Enardecido of Ayungon on #WhyUseVMM

Testimonial: Alfredo Cochoco on #WhyUseVMM

 

The Enforcement Toolkit aims to increase the capacity of fisheries law enforcers in the Philippines. Specifically intended for local enforcers’ use in their function at every stage of the enforcement sequence, it tries to answer questions they often ask when faced with various situations in the field.
Download the PDF

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