Philippine Waters “Going Dark:” Fishers, Experts Warn of Catch Collapse, Export Ban
Press Release Date: August 12, 2026
Small-scale fisherfolk, marine scientists, fisheries experts, and international marine conservation group Oceana warned that Philippine waters could “go dark” and become nearly impossible to protect after the Supreme Court declared unconstitutional the rule requiring real-time tracking devices aboard all commercial fishing vessels.
In its July 30 ruling favoring commercial fishers, the Supreme Court struck down Fisheries Administrative Order (FAO) 266, which mandated the implementation of Vessel Monitoring Measures (VMM) and an Electronic Reporting System on commercial vessels. FAO 266 required that all Philippine-flagged commercial fishing vessels install tracking devices and transmit real-time data such as vessel location, species and volume of catch. It was adopted to protect Philippine waters from illegal, unreported, and unregulated (IUU) fishing, enable the government to manage the country’s fishery resources sustainably, and ensure that catch is compliant with national and international regulations.
The Bureau of Fisheries and Aquatic Resources (BFAR) has manifested its intent to file a Motion for Reconsideration for the Supreme Court, a move that Oceana supports. “With the FAO 266 removed, the systemic problem it meant to solve remains,” said Von Hernandez, Oceana Vice President. “How can the enforcement agencies protect what they cannot see? We support the move of the BFAR to defend vessel monitoring now because it is our most effective tool to enforce the law, protect our marine resources and ensure that our children inherit a living and abundant ocean.”
Hernandez said removing the system that served as the State’s electronic eyes over its waters will only blind law enforcement agencies to illegal activity across the vast sea area and deprive the government of valuable data, they can use to inform policy. “Without VMM, it will be harder for agencies to detect if commercial fishing vessels intrude into restricted areas like MPAs, municipal waters, and closed fishing areas because manual reporting can easily be manipulated. Agencies will be left with the ministerial function of receiving manual reports once vessels dock on the port. Meanwhile, illegal fishing operations, if any, are not held to account,” said Hernandez.
Oceana has long upheld the power of modern VMM to keep Philippine waters safeguarded, given the right implementation. It has consistently demanded that BFAR share this real-time data to the enforcement agencies capable of protecting the 15-kilometer municipal waters from illegal commercial encroachment.
Asst. Professor Joshua Regalado from the Institute of Fisheries Policy and Development Studies, College of Fisheries and Ocean Sciences of the University of the Philippines Visayas (UPV) presented the importance of monitoring, control and surveillance to fight IUU fishing. “A fully functioning vessel monitoring system is a key part of effective fisheries management. It allows authorities and managers to know where fishing activities are taking place, conduct enforcement efforts more efficiently, and assess the compliance to fisheries laws and regulations,” said Regalado.
Small-scale fisherfolk also expressed dismay at how the needs of artisanal fishers seemed to have been ignored in the decision. “Paano naging pribilehiyo ng mga komersyal na pangisda ang paggamit ng karagatan at panghuhuli ng isda at yamang-dagat? (How can commercial fishers claim the privilege of deciding on the use of our fisheries and marine resources?)” asked Pablo Rosales, small-scale fisher and President of PANGISDA Pilipinas. “Ano ang karapatan nilang ituring na trade secret ang kanilang pinangingisdaan samantalang ang karagatan ay pampublikong pag-aari at pinamamahalaan ng estado? Ang lisensyang ibinigay sa mga komersyal na kumpanya para makapanghuli ay may kaakibat na responsiblidad, kasama ang pagbibigay ng datos na iyan.” [What gave them the right to declare as trade secret their fishing operation when our waters and the resources extracted from these are public good and thus should be managed by the state? The license of commercial fishing companies to catch fish in mandated fishing zones comes with responsibilities, and these include transparency on the data that they are mandated to report.]
In a statement sent to Oceana today, the Global Fishing Watch said, “Continuous, open, and transparent vessel tracking is an essential foundation for sustainable ocean governance—it provides all stakeholders with the objective data needed to protect a country’s exclusive economic zone (EEZ), supporting compliance, and safeguarding marine resources.”
VMM is already the global standard of fisheries governance in Norway, the European Union, the United States, Japan, Taiwan, Indonesia, Thailand, and China – all using it to combat IUU fishing. With the SC decision, the Philippines risks sliding backward – just as the rest of the world moves forward with this technology.
This creates a risk to the Philippine seafood export industry, if the ruling stays and is viewed internationally as the Philippines reneging on its commitments to combat IUU fishing. With this gap in traceability and transparency policy, our fisheries are now exposed to stricter scrutiny, and at worst: a possible red card that would shut Philippine seafood out of the EU entirely.
The European Union has already once given the Philippines a yellow card sanction, lifted in 2015 in part because the Philippines strengthened its monitoring and traceability systems through VMM under Republic Act 10654, the amended Fisheries Code of 1998.
According to a 2024 study1, on average, a yellow card cuts a country’s EU fishery exports by about 23%, and a red card by around 83%. The Philippines exports over USD 225 million worth of fishery shipments to the EU annually.
For her part, Sen. Risa Hotiveros lamented the potential impact of the Supreme Court decision, stressing that “a ban on Filipino seafood exports to the European Union – which account for at least 18.2% of the value of Philippine commercial catch in previous years – will translate to losses for thousands of fisherfolks and other agricultural workers. Huwag natin hintayin ang ganyang disgrasya bago ayusin ang ating patakaran,” said Hontiveros.
The recent US restriction on Philippine blue swimming crab while decided on different grounds – not on vessel monitoring – illustrates an important lesson where buyers increasingly want proof that the country’s seafood exports are monitored, documented, and verified as legally caught before they let them into their markets.
Under the United Nations Convention on the Law of the Sea (UNCLOS), the UN Fish Stocks Agreement, relevant tuna fisheries conventions, and the Regional Fisheries Management Organizations (RFMOs) of which the Philippines is part, the government has agreed to implement monitoring measures like VMM to curb IUU fishing and keep catch traceable. Those organizations include the Western and Central Pacific Fisheries Commission (WCPFC), the Indian Ocean Tuna Commission (IOTC), and the International Commission for the Conservation of Atlantic Tunas (ICCAT).
“The Philippine government has already sunk billions of pesos in taxpayer money into building VMM infrastructure. Local governments have long raised alarms over commercial encroachment in their municipal waters – and now they lose what could have been an effective system that could spot violations as they happen. To switch off the only system what would allow enforcers to spot illegal commercial activity in real-time—before more damage is done—is the very opposite of what our seas and the Filipino fisherfolk need, right now.” said Hernandez. (END)
Oceana is the largest international organization dedicated solely to ocean conservation. Our mission is to rebuild abundant and biodiverse oceans by winning science-based policies that stop overfishing, protect habitats and threatened species, curb oil and plastic pollution, and increase transparency at sea. With more than 350 victories, Oceana’s campaigns are delivering results – for the oceans, for coastal communities, and for the planet. A restored ocean means that 1 billion people can enjoy a healthy, climate-smart seafood meal every day, forever. Together, we can save the oceans and help feed the world. Join us at Oceana.org.
For More Information:
Joyce Sierra, Communications Manager, Oceana
Mobile: 09178214430 E-mail: jsierra@oceana.org
Facebook: www.facebook.com/oceana.philippines
Twitter: @oceana_ph Instagram: @oceana_ph