Villar: Sustainable Fishing, Protection of Aquatic
Resources Ensured in Amended Fisheries Code

Greater protection of Filipino fishermen, both big and small, also prioritized

Senator Cynthia Villar said the primary considerations of the ratified amendments to the Philippine Fisheries Code are the promotion of sustainable fishing and the protection of the country's aquatic resources. She stressed that all stakeholders were consulted at various stages of the legislative process, particularly during the multi-sectoral meetings that were conducted.

"A strong fisheries law and a comprehensive national plan of action to manage the fishing capacity, as well as the implementation of an international code of conduct for responsible fisheries are necessary. There is a need to maintain a good balance between the requirements for increased production against the need to conserve and protect our resources for long-term sustainability," said Villar.

The chairperson of the Senate Committee on Agriculture and Food cited that overfishing is a major concern globally, with experts issuing warnings that if sustainable fishing is not practiced and oceans are not given time to recover, they could become 'virtual deserts' by 2050 or barely 36 years from now. Moreover, the Census of Marine Life concluded in 2010 showed that 90 percent of the large fish are already gone due to overfishing.

"It is the government's role to protect the resources of the country, ensure food security for the nation, and prevent all forms of activities that jeopardize the sustainability of our resources," Villar said. On Monday (December 1), the Senate voting unanimously ratified the bicameral conference committee report on the reconciled version of Senate Bill 2414 and House Bill 4536 - the amendments to the Fisheries Code. President Noynoy Aquino is expected to sign the bill into law before the end of the year.

The Senate and the House of Representatives were able to resolve the differences in the provisions on increased penalties on illegal, unreported and unregulated fishing (IUUF). The new version was improved to address the opposition presented by the Alliance of Philippine Fishing Federation, a group of commercial fishing operators, on the bill.

Villar said the 17-year-old law was amended to impose penalties that would really serve as a deterrent to illegal fishing with a maximum penalty of P45 million only and not P90 million as published.

Moreover, Villar said the monetary penalties for IUUF in the high seas and waters of other coastal states were set at:

•  2 Million to 9 Million Pesos for small-scale commercial fishing;

•  10 Million to 15 Million Pesos for medium-scale commercial fishing;

•  16 Million to 20 Million Pesos for large-scale commercial fishing vessels below 750 gross tons;

• 25 Million to 45 Million Pesos for large-scale commercial fishing vessels 750 gross tons and above.

Villar said confiscation of vessel, except in the case of poaching, was also deleted in the new version.

Under Sections 88, 89 and 90 of the amended version, in case of IUUF, the operator or owner of the commercial fishing vessel was relieved of criminal liability and replaced with administrative liability in case of infraction. Administrative fines and imprisonment are the penalties imposed on the three highest officers of the vessel upon conviction by a court.

Villar also gave the assurance that the law has provided for measures to ensure that there is reduced exercise of discretion in the matter of fines and penalties as provided by paragraph Y of Section 65.

Under the proposed amendments to the fisheries code, any administrative actions involving the imposition of an administrative fine or sanction is decided by a collegial body of which the Director of BFAR is just a member.

Injunction or restraining order can be filed against the Department of Agriculture and the Bureau of Fisheries and Aquatic Resources in the Court of Appeals by any person or entity in the exercise of its regulatory function.

"The sanctions as stated in the amendments to the Fisheries Code are intended only for those who willingly, intentionally and willfully violate the law. As long as you do fishing within the bounds of the law, you don't have to fear paying these penalties," Villar stressed.

The lady senator also pointed out a highlight of the amended bill, which provides for the creation of the Fisheries Management Fund from the fines and penalties collected. The fund will provide livelihood and scholarship programs, among others, to fisher folks and their family.

"This fund will also contribute to the growth of the fishing sector, with allocations meant for the operation of IFARMC and MFARMC, upgrading of laboratory facilities and equipment, capability development and assistance to fishermen in the form of shared facilities," she said.

Villar also said the IRR can be spelled out in which members of the commercial fisheries subsector can contribute their insights on how the amendments will be specifically implemented.

"It is our common interest to make sure that there is continuous fishing which would only be possible if we prevent all forms of activities that jeopardize the sustainability of our resources. The amended Fisheries Code will benefit fishing entities who abide by the law," she said.