27 • • • of the time, the illegal fishers or commercial fleets get a favorable decision due to their political influence; Political accommodation issues are still prevalent. Those who are affiliated or have close ties with LGU officials are the only ones who benefit from available programs; The law is “silent” or lacking on the issues of artisanal fisherfolk154 about fisherfolk settlements, protection of marine environment, particularly mangrove areas being converted to fish pens, additional or alternative livelihood for fisherfolks, post-harvest infrastructure, and even the organization of fisherfolk organizations into cooperatives. Most of the efforts by government agencies are focused on production; There are still very few coastal municipalities whose waters are delineated. 155 The participants note that without delineation, the law could not be adequately implemented. Small156 to medium157 sized commercial vessels are allowed within 10.1 kilometers of the 15 kilometer municipal water for as long as the LGU has passed an ordinance on this. According to the report from the DILG, only 19.22% of coastal LGUs have passed an ordinance allowing commercial fishing. 158 Yet, participants reported that commercial vessels continue to operate unabated even in LGUs without relevant ordinances. One reason cited is that the commercial fleets are often owned by politicians or those close to politicians.159 Another is that there is not enough manpower to patrol municipal waters, and if such erring vessels are caught, the fines are small compared to the size of their catch. 160 If the commercial vessel is impounded, they say that the operators do not go into the trouble of paying the fees to get the boats back. In this instance, the fish workers who are working on the boat are mostly affected. The entry of commercial fishers in municipal waters also contributed to the decline of catch volume for artisanal fishers. With the increase in competition over marine resources, artisanal fisherfolk are compelled to venture beyond their municipalities or even beyond the 15-kilometer boundary where they could be accosted for illegal entry or face the stiff penalties meted by RA No. 10654.161 Boundary disputes between municipalities are also not uncommon, and the participants mention that they have a hard time following such boundary rules since fish are transboundary. In order to secure their catch, they have to follow where the fish go.162 Because of the lesser catch volume and increased competition with commercial vessels, some artisanal fisherfolk have resorted to illegal fishing methods. One of these is cyanide fishing where it has been reported as becoming rampant again in the Visayas area.163 Participants also shared that the next generation does not want to continue their trade due to the myriad challenges faced by artisanal fisherfolk. Their children, particularly their sons would rather go into construction or farming rather than go into fishing. 164 Due to this, their wives are now the ones accompanying them during fishing. 165 154 Consultations with Fisherfolks, supra note 148 155 Consultations with NGAs, supra note 40. As evidenced by the presentation from NAMRIA, only 8.28% have been delineated with the necessary ordinances in place. 156 3.1 to 20 gross tons as provided by the Fisheries Code, supra note 8 157 Ibid. 20.1 to 150 gross tons 158 Consultation with NGAs, supra note 40 159 Consultations with Fisherfolks, supra note 148 160 Ibid. 161 Sec. 86(b) of RA No. 10654 deems that it shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in municipal waters. The penalty shall be an administrative fine equivalent to twice the value of the catch or 5,000 PHP, whichever is higher. 162 Consultations with Fisherfolks, supra note 148 163 Ibid. 164 Ibid. 165 Ibid.

Select target paragraph3