BFAR to Appeal SC Ruling on Commercial Fishing Vessel Monitoring

The Bureau of Fisheries and Aquatic Resources (BFAR) said Monday that it will appeal the recent Supreme Court (SC) ruling declaring its vessel monitoring regulation as unconstitutional. Department of Agriculture Secretary Francisco Tiu Laurel Jr. said the Fisheries Administrative Order (FAO) No. 266, requiring fishing operators to install monitoring systems on commercial fishing vessels, is the best way to deal with illegal fishing. “We are fairly confident the Supreme Court will reconsider the ruling, and allow us to use this internationally recognized vessel monitoring system as the most effective way to deal with illegal, unreported and unregulated (IUU) fishing as it relies on electronic data and not manual filing of commercial fishing firms,” he said in a statement. In a decision penned by Associate Justice Maria Filomena Singh, the SC did not find enough evidence that the vessel monitoring system (VMS) was effective in IUU fishing violations. “Under this test, the government must show a legitimate interest and a reasonable connection between that interest and the methods used. The SC found the Republic failed this because it didn’t adequately prove that the VMS and ERS requirements were reasonably connected to preventing IUU fishing violations,” the SC said in its decision. “It also noted that, aside from providing real-time tracking, the VMS generated information that was substantially similar to data already submitted through existing reporting requirements,” the high court added. While the BFAR respects the decision, it emphasized that the vessel monitoring system helps ensure compliance with fishery laws and conservation efforts. “While a group of commercial fishing operators questioned the regulation behind the mandatory vessel monitoring, the government still faces mounting pressure to strengthen fisheries enforcement, protect dwindling fish stocks and comply with international commitments on traceability and sustainable fishing,” the bureau said. The BFAR said it will review its procedures to ensure they effectively support the government's duty to protect marine resources, while also taking stakeholder feedback into consideration. “Beyond tracking vessel movements, it allows authorities to verify compliance with fishing restrictions, improve catch traceability, support investigations against illegal operators and generate data needed for science-based fisheries management,” it said. —Vince Angelo Ferreras/RF, GMA News