BFAR appeals Supreme Court vessel ruling

The Department of Agriculture is asking the Supreme Court to reconsider its decision striking down the government's mandatory vessel monitoring system for commercial fishing vessels, warning that the ruling could weaken efforts to combat illegal fishing and jeopardize the country's seafood exports.

Through the Bureau of Fisheries and Aquatic Resources (BFAR), the DA will file a motion for reconsideration seeking to reverse the High Court's declaration that Fisheries Administrative Order (FAO) No. 266—which required Philippine-flagged commercial fishing vessels to install vessel monitoring systems and submit electronic catch reports—is unconstitutional.

Agriculture Secretary Francisco P. Tiu Laurel Jr. said the government remains confident the Supreme Court will uphold the policy, stressing that commercial fishing licenses are privileges granted by the State and are therefore subject to government regulation under the amended Fisheries Code of 1998.

“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,” Tiu Laurel said.

BFAR said the vessel monitoring system is more than a tracking mechanism, serving as a key enforcement tool for monitoring compliance with fisheries regulations, enforcing closed fishing seasons, verifying catch records, improving traceability and supporting investigations into illegal fishing activities.

The bureau said the ruling presents a broader policy challenge as the Philippines works to strengthen fisheries enforcement while meeting international commitments to eliminate illegal, unreported and unregulated fishing.

“BFAR respects the Decision of the Supreme Court and we are filing a Motion for Reconsideration (MR),” the bureau said. “The regulation is aligned with the right to a healthy environment, which right belongs to the Filipino people and the stakeholders alike.”

BFAR said it will also review its implementation mechanisms to ensure any future monitoring framework complies with constitutional safeguards while continuing to protect the country's marine resources.