Fishers express dismay over BFAR law

By : Shiela Mae Butlig,
and Lito Rulona
Correspondents

MORE than 2,000 members of the Commercial Fishing Association of Misamis Oriental (CFAMO) expressed their dismay over the rapid arrest of fisherman by the Bureau of Fish and Aquatic Resources (BFAR) regional office region 10 who allegedly violated their laws.

On Friday ,CFAMO sought the help of the Sangguniang Panlalawigan (SP) of the provincial government on how to go fishing for “tamban” without the fear of being apprehended by law.

Carlitos Bacullio, president of CFAMO said his constituents are now having a hard time fishing, because it has become illegal for them.

”Tagai kami sa pagpadayag niining mandato sa balaod, tataw kaayo nga kaming mga Commercial Fishing gidid-an sa pagpanagat sulod sa 15 km, gikan sa sa lapyahan sulod sa usa ka municipalidad o sulod sa Municipal waters”, said Bacullio.

During the Sangguniang Panlalawigan (SP) meeting on the Committee on Agriculture and Fisheries represented by Provincial Board Members Wayne Militante, Erick Khu, BFAR-10 regional director Visa Dimerin, and representatives from the Coast Guard and Maritime PNP team.

Militante raised that small fishers fear that the new Fisheries Code otherwise name as Republic Act 8550 or the Philippine Fishers Code of 1998, that would give commercial fishing operators legal rights to encroach on their fishing grounds.

He said members of fisherfolk organizations in Gingoog City argued, and pushed for a law that would reinforce the Local Government Code’s (LGC) definition of what is called “municipal waters”.

Municipal waters under the jurisdiction of the municipal government, not only streams, lakes and tidal waters within the municipality… but also marine waters included between two lines drawn perpendicularly to the general coastline from points where boundaries of the municipality or city touch the sea at low tide and a third line parallel with the general coastline and 15 km from it.

“At issue was the small fishers’ exclusive rights to fish this zone, rights that had been blurred somewhat by the existence of an older law, PD 704 (1975), which restricted commercial fishing operations to waters more than 7 fathoms deep and without mention of the 15-km municipal water zone and a number of other laws,” he said.

According to BFAR Regional Director Visa Dimerin, they prohibited this commercial fishers on the said 15 kms from the bay because some commercial fishers are using ring net or bag net that ruins the corals in thus said part of the seas.

But Baculio insisted that the nets that they are using cannot harm any corals.

Bacullio then pleaded to spare them and allow them to fish even just within the “tamban” season where he explained that this sardines are seasonal and are available only for three months in a year.

But then Dimerin reiterated that the law should be abided.

For his part, Pelaez asked for a win-win solution to allow this commercial fishers for this three months to go beyond the municipal bays.

However, Dimerin argued that they cannot do a win-win solution for it is a law, and the only person that can intervene on this are the congressmen.

Board Member Nancy Madjos then call on Congress Representatives Peter Unabia and Juliet Uy to ammend such law ( RA 8550).

Dimerin clarified they received a memorandum instructing all licensing units of BFAR to clearly indicate in all commercial fishing boat licenses they issued that such licenses were not valid for fishing operations within municipal waters.

Baculio said this law has coerced local fisherman folks and drive them out to other municipal waters and provinces.

“Sa gihatag nga clearance kanamo sa BFAR kami puwedeng makapanagat sa Bohol Sea, dili na usab pwede kining maong klase sa panagat tungod kay ang among mga sakyanan puro mga wooden vessels o ginama sa kahoy nga dili puwede sa open seas,” he said.

He said driving them out to other areas would likely endangers their lives especially during rough seas conditions.