BFAR-6 says commercial fishing encroachment drops

The Bureau of Fisheries and Aquatic Resources Western Visayas (BFAR-6) has reported a reduction in large-scale commercial fishing encroachment in municipal waters traditionally reserved for small-scale fishers, even after a Supreme Court (SC) ruling allowing commercial operations within the 15-kilometer municipal zone.

BFAR-6 director Remia Aparri said the reduction is the result of ongoing monitoring and coordinated enforcement with local government units and an interagency task force.

“Before the SC ruling, illegal fishing — particularly encroachment by commercial vessels — was rampant,” Aparri said.

She noted that some local ordinances permit commercial fishing in the outer portions of municipal waters, from 10.1 to 15 kilometers from shore, but only under conditions set by the Fisheries Code, which requires operations in areas deeper than seven fathoms to minimize harm to small-scale fishers.

“Based on our monitoring, of course, there is still encroachment, but with our efforts through collaboration and with the inter-agency task force, there was a reduction generally of the Illegal, Unreported, and Unregulated Fishing, including encroachment of commercial fishing vessels in the municipal waters,” she said.

Aparri cited the Vessel Monitoring System (VMS) as a key tool for tracking registered and licensed commercial fishing vessels. The system alerts authorities and local government units whenever encroachment into municipal waters is detected, allowing for immediate action.

“We have that mechanism that, with BFAR responsible for this VMS, we have to inform. There is a system to inform the local government that there is encroachment in the municipal waters so that outright they can act on that,” she said.

BFAR’s VMS is part of the Integrated Marine Environment Monitoring System, mandated under a 2020 Fisheries Administrative Order issued following Republic Act 10654, which amended the Philippine Fisheries Code.

Aparri also noted that BFAR-6 has been conducting monitoring, control, and surveillance of commercial vessel operations even amid the pending Mercidar Fishing Corporation case.

The Mercidar Fishing Corporation case is a landmark Supreme Court ruling that originally upheld the state’s authority to limit commercial fishing in municipal waters. A motion for reconsideration against the SC’s decision affirming the ruling was filed in January 2025 and remains pending as of early 2026, with no final resolution reported.

“It is an ongoing activity where the presence of the commercial fishing vessels is being monitored in the region,” Aparri said.

Aparri declined to comment further on the case, citing the sub judice rule, which restricts public statements and media disclosures on pending judicial proceedings.

She also raised concerns about fishing violations originating in Palawan waters, where illegal catch is transported and landed in Iloilo, evading local jurisdiction and complicating prosecution.

She said the practice allows illegal hauls to enter markets despite originating from protected municipal or marine areas.

Aparri also noted that some fishing companies holding legal permits deploy unregistered vessels for operations in Cuyo East Pass, bypassing monitoring systems such as BFAR’s VMS.

“The challenge is we have limitations in floating assets and groups to operate in the Cuyo East Pass,” she said.