27
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•
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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.