29 instances enumerated highlight the struggles artisanal fisherfolks face when it comes to representation in the planning and development of fisheries and marine resources, especially in municipal waters. The continued encroachment of commercial fishing vessels in municipal waters and its effects on their livelihood Concluding observation No. 45 of the combined fifth and sixth periodic reports of the Philippines mentions that the Committee on Economic, Social and Cultural Rights (CESCR) was particularly concerned about the plight of small-scale fishers in the country and the threats to their livelihood as a result of “continued encroachment of commercial fishing vessels in fishing zones.” 177 Under RA No. 8550, commercial fishing was supposed to be limited to the 10.1- to 15-kilometer area of municipal waters, provided that the depth of that area is seven (7) fathoms or deeper. 178 However, participants shared that commercial vessels continue to intrude into shallower waters, and as a result, the catch volume and the income of artisanal fisherfolks have continued to decrease.179 Participants mentioned that their catch volume for one (1) month is equivalent to only a night’s operation for commercial vessels180 since commercial vessels are capable of such volume because they use high-tech gear not available to artisanal fisherfolk. An example of these gears mentioned by the participants is “superlight.” It is a high-power light device placed above the ocean surface or submerged in the water, 181 to attract fish. Another is the locally known method “hulbot-hulbot” (Danish Seine), a type of active gear used in fishing in deeper waters. The use of these methods and equipment in municipal waters are illegal and punishable182 under the Fisheries Code. But to rig the system, these vessels would come at night in shallower waters so they would not be monitored.183 Section 24 of the Fisheries Code provides that municipal fisherfolk shall receive support from the DA and the LGUs through “appropriate technology and research, credit, production and marketing assistance, and other services such as, but not limited to, training for additional/supplementary livelihood.”184 The DABFAR enumerated several Fisheries Development Programs during the online consultations with NGAs.185 This notwithstanding, in the participants’ experience, they rarely receive any national or local government programs aimed at improving the technology that they use in fishing to increase their catch size. 186 If there are government programs, participants say that those who are “allied” or politically affiliated with the LGU are the only ones who benefit or receive such programs.187 The participants also shared that they have to compete with commercial fishers on the price of their catch.188 Commercial fishers sell in bulk, usually by box or tub, and can price their catch lower than artisanal 177 Concluding Observations no. 45, supra note 6 178 RA No. 8550, supra note 8 179 Consultations with Fisherfolks, supra note 148 180 Ibid. 181 Sec. 4(71) of RA No. 8550, supra note 8 182 Ibid. Sec. 90 (on the use of active gear) and Sec. 93 (on the use of superlight) 183 Consultations with Fisherfolks, supra note 148 184 RA No. 8550, supra note 8 185 Consultations with NGAs, supra note 40 186 Consultations with Fisherfolks, supra note 148 187 Ibid. 188 Ibid.