The Department of Agriculture, through the Bureau of Fisheries and Aquatic Resource, is moving to preserve one of its key enforcement tools against illegal fishing after the Supreme Court struck down as unconstitutional the vessel monitoring regulation.
BFAR said it will soon file a motion for reconsideration that will ask the high tribunal to re-evaluate the issues presented by both parties, confident a review will uphold the BFAR, a technical and specialized agency duty- bound to carry out its mandate to implement the amended Fisheries Code of 1998.
A key point is the fact that commercial fishing licenses, according to the Fisheries Code, is a privilege, not a right, and thus subject to state rules and regulations.
“We are fairly confident the Supreme Court will reconsider the ruling, and allow us to use this internationally recognized vessel monitoring system as the most effective way to deal with illegal, unreported and unregulated (IUU) fishing as it relies on electronic data and not manual filing of commercial fishing firms,” said Agriculture Secretary Francisco P. Tiu Laurel Jr.
BFAR stressed that the vessel monitoring system is far more than a tracking device. It is a frontline enforcement tool used to monitor compliance with regulations and conservation measures such as during closed fishing season to protect gravid female stocks in spawning and nursery areas from illegal exploitation.
The Supreme Court declared unconstitutional Fisheries Administrative Order (FAO) No. 266, which required Philippine-flagged commercial fishing vessels to install vessel monitoring systems and submit electronic catch reports.
The ruling presents BFAR with a policy challenge that extends beyond a single administrative order. While a group of commercial fishing operators questioned the regulation behind the mandatory vessel monitoring, the government still faces mounting pressure to strengthen fisheries enforcement, protect dwindling fish stocks and comply with international commitments on traceability and sustainable fishing.
“BFAR respects the Decision of the Supreme Court and we are filing a Motion for Reconsideration (MR),” the bureau said, adding that any future monitoring framework would be aligned with constitutional safeguards.” ***The regulation is aligned with the right to a healthy environment, which right belongs to the Filipino people and the stakeholders alike.***
For fisheries regulators, vessel monitoring has become a cornerstone of modern enforcement. Beyond tracking vessel movements, it allows authorities to verify compliance with fishing restrictions, improve catch traceability, support investigations against illegal operators and generate data needed for science-based fisheries management.
Rather than retreat from the policy, BFAR signaled it intends to reinforce it. The bureau said it will review its implementing mechanisms to ensure technical soundness in fulfilling the State’s obligation to conserve the country’s marine resources while taking note of the concerns of its stakeholders.
The outcome carries implications beyond domestic enforcement, with the country a signatory to international maritime agreements that deal with illegal, undocumented, and unregulated fishing activities.
Effective vessel monitoring system is the most effective and internationally recognized tool to prevent, deter and eliminate IUU fishing and is essential for meeting the traceability and sustainability standards required by export markets.
