MANILA –Small fishers beset by the encroachment of commercial fishers in their traditional fishing grounds welcomed the resignation of Agriculture Secretary Francisco Tiu-Laurel Jr. He was described as an oligarch pushing for liberalization of domestic agriculture and food production.
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Under his watch, the protection afforded to small fishers for the right to fish in municipal waters was lifted, paving the way for commercial fishers to exploit the traditional fishing grounds. This worsened the situation of small fishers as the Supreme Court en banc has not yet decided on the local court’s decision declaring unconstitutional the Fisheries Code provisions that disallow commercial fishers in municipal waters.
“We are happy with the resignation of the DA secretary because he is also part of those who lobbied to allow commercial fishers to exploit municipal fishing grounds,” said former Anakpawis Rep. Fernando Hicap. He said that former Agriculture Secretary Tiu-Laurel owns Frabelle Fishing Corporation with business interests in deep-sea fishing, aquaculture, canning, food manufacturing, processing, food importation and trading, cold storage, shipyard operations, wharf development, real estate development, and power generation. “His solution to the lack of fish supply is importation, that is why we really could not rely on him in terms of improving our local economy.”
Hicap said that the “Supreme Court ruling is the commercial fishers’ legal action to stop and to silence small fishers from complaining and protesting” against the encroachment of commercial fishing vessels in areas previously identified by the Fisheries Code as Municipal Waters and exclusively for the use of municipal fishers.
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“The DA-BFAR (Bureau of Fisheries and Aquatic Resources) should act to stop commercial fishers from plundering our coastal waters. They should apprehend those who are violating the laws, especially those who are harassing small fishers,” Hicap, national chairperson of the Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya), told Bulatlat in an interview.
In a press statement, Pamalakaya said that the DA has abandoned “its mandate to protect the fisherfolk and the fishery resources.” They added that “the Court ruling will institutionalize the ‘monopoly-control’ of big businesses to around 90% of municipal waters, which are more than seven fathoms deep.”
This latest attack on the livelihood of small fishers came after Branch 1 of the Supreme Court affirmed the December 11, 2023 ruling of Malabon Regional Trial Court declaring unconstitutional certain provisions of the Fisheries Code (RA 8550) and its subsequent implementing rules and regulations (DAO 10-2015), particularly the provisions defining municipal waters and giving municipal fisherfolks preferential access to municipal waters.
Since the Office of the Solicitor General (OSG) filed their motion late, the Supreme Court argued that the decision of the local court became final and executory and could no longer be amended or appealed. The OSG again filed a Motion for Reconsideration on January 2, calling on the Supreme Court to decide on the matter en banc.
“Small fishers should unite in fighting this unjust decision. They should participate in actions fighting for the 15km municipal waters and for its declaration as an exclusive fishing zone for small fishers. Commercial fishers should be banned from these waters,” Hicap asserted.
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Hicap said that their group is consolidating other fisherfolk groups and advocates, uniting them in the campaign to maintain the exclusive rights of small fishers in municipal waters. “We are set to launch a major protest action in Manila and other communities of fisherfolks to show that we are united in our call for our rights to our fishing grounds.” (AMU, DAA)
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