EXPERTS warned that the recent Supreme Court (SC) ruling allowing commercial fishing in municipal waters will have significant economic and social implications, particularly for small-scale fishers.
Dr. Rosalie Hall, executive director of the Center for Integrative and Development Studies at the University of the Philippines-Visayas, said on Wednesday, Feb. 19, 2025, that concerns are growing over the potential displacement of subsistence fishers who rely on these waters for their livelihood.
Subsistence fishers are individuals who catch fish for their own consumption or for local sale. They typically use low-technology gear and operate near the shore.
“Subsistence fishers are now at risk of being edged out by better-equipped small-scale commercial fishers,” Hall said during a symposium titled “Shaping Apec’s Blue Economy Agenda: Philippine Leadership and Visayas-Centric Innovations” hosted by the University of San Carlos.
Small-scale commercial fishers operate vessels ranging from five to 30 gross tons and have access to advanced fishing technologies such as sonar, larger nets, and expanded storage capacities.
“The competition is really between small-scale commercial fishers and subsistence fishers, not between large commercial fishers and the smaller ones,” Hall noted. “If commercial fishing is allowed further into municipal waters, many subsistence fishers will struggle to compete.”
The SC ruling may also lead to an influx of commercial fishing vessels, especially in resource-rich areas such as Palawan, Tawi-Tawi and Sulu.
“That’s the danger that comes with it. But if all of this leads to an increase in production, I think it is good news. However, the real question is one of equity—how do we ensure that subsistence fishers are not disadvantaged by this system?” Hall said.
Dr. Rhodora Azanza, an academician at the National Academy of Science and Technology (NAST), urged fishing communities to take a stand on the issue.
She warned that allowing large-scale fishing activities in municipal waters could disrupt marine ecosystems, damaging crucial breeding and spawning sites.
Azanza believes that if presented with sufficient scientific evidence, the SC may reconsider its decision.
“The SC can (still) reverse its decision. They have done that before,” she said. “We are calling on all sectors, especially those in the fishing industry, to voice their concerns. I will also be speaking with NAST to take a stand. If we present strong scientific arguments, they will listen.”
LGU’s critical role
Local government units (LGUs), according to Hall, play a crucial role in managing the effects of the SC ruling, especially since some LGUs have already allowed commercial fishing in their municipal waters.
She said that a key step is conducting stock assessments to determine the availability of fish stocks in their respective areas.
“Each municipality needs to have a clear understanding of its fish stocks before making decisions about allowing commercial fishing. Perhaps they can restrict commercial fishing to specific species to avoid overfishing and protect the livelihood of small-scale fishers,” Hall said.
To mitigate conflicts, she added that LGUs must engage in negotiations with both subsistence and small-scale commercial fishers to establish fair and sustainable fishing policies.
UP Visayas has already taken a stand on the issue, asking the SC’s First Division to reconsider its decision.
“Studies show that overfishing and the encroachment of commercial fishing operations into municipal waters are prevalent problems in the Philippines. Allowing commercial fishers into municipal waters will exacerbate overfishing, severely impact the livelihood of small-scale fishers, and damage coastal habitats. We call on our government leaders to take concrete steps to protect the livelihood of small-scale fishers and preserve the marine biodiversity of our municipal waters,” the university said.
The Department of Agriculture-Bureau of Fisheries and Aquatic Resources (DA-BFAR) is also seeking the reversal of the SC’s decision.
“The resolution by the SC’s First Division regarding the case is not yet final. The DA-BFAR, in coordination with the Office of the Solicitor General, is studying the possibility of seeking further review by the SC,” the agency said, adding that it will “continue to uphold its mandate to protect and conserve the country’s aquatic resources while safeguarding the welfare of small-scale fishermen and coastal communities.”
According to the recent SC ruling, commercial fishing operators with large vessels are now allowed to fish in municipal waters, effectively invalidating the previous definition of municipal waters in the Fisheries Code, which restricted commercial fishing within that zone.
This decision was based on a Malabon Regional Trial Court ruling that deemed certain provisions of the Fisheries Code unconstitutional, allowing commercial fishing in waters deeper than seven fathoms, even within the 15-kilometer municipal water boundary / KOC