SC asked to nix ruling negating fisheries order

The Supreme Court has been asked to overturn a 2021 trial court ruling that declared unconstitutional Fisheries Administrative Order (FAO) No. 266.

The order mandates operators of big fishing vessels to report their catches through a vessel monitoring system (VMS) and an electronic reporting system (ERS) to curb illegal, unregulated and unreported fishing (IUUF).

The Office of the Solicitor General made the plea to reverse the ruling of the Malabon City Regional Trial Court (RTC) during the oral arguments conducted by the High Court.

The petitions were filed by the government and Oceana Philippines International, a group “advocating the protection and restoration of oceans on a global scale.”

The government, through Solicitor General Menardo Guevarra, also prodded the SC to issue a temporary restraining order (TRO) or a writ of preliminary injunction that would stop immediately the implementation of the RTC’s decision.

In his presentation, Guevarra argued that the Malabon City RTC committed “jurisdictional trespass” when it declared FAO 266 unconstitutional.

FAP 266 was issued by the Bureau of Fisheries and Aquatic Resources (BFAR) on Oct. 12, 2020.

“A regional trial court arrogated upon itself a power reserve exclusively to this Honorable court…. Though the issue of preliminary injunction has been mooted by the issuance of judgment by the trial court, it behooves this court to make a ruling in order to guide the bench, the bar and the public in future environmental cases that may arise,” he said.

According to Guevarra, the VMS and ERS serve as management tools for conservation of marine resources, which are globally recognized.

The chief state lawyer noted that the tools help government agencies and enable them to monitor all duly registered commercial fishing vessels to ensure they are operating within authorized fishing grounds and guide them in the prosecution of violators of fisheries law.

“Irresponsible use of marine resources endangers their very existence. Enjoining FAO 266 removes one of the most effective tools of the government against IUUF,” Guevarra stressed.

He said the with the issuance of FAO 266, the BFAR acted within its mandate under the