The Supreme Court of the Philippines has ruled that commercial fishing vessels are allowed to operate within the nation’s nearshore municipal waters.
In response, the country’s tuna industry and environmental groups are voicing concern that the ruling could threaten international sustainability certifications and, therefore, hurt exports.
The case stems back to October 2023, when the Mercidar Fishing Corporation filed a petition that challenged the Philippine Fisheries Code’s restrictions on commercial fishing within municipal waters, which reserved the nearshore 15-kilometer coastal zone for small-scale fishers. The company also contested the authority of local government units (LGUs) to regulate these waters and decide who could fish there, Inquirer reported.
In December 2023, the Malabon Regional Trial Court sided with the company, invalidating that portion of the Fisheries Code. The Supreme Court’s First Division then upheld the lower court’s decision, effectively opening municipal waters long reserved for artisanal fishers to large commercial fleets.
Environmental group Oceana said in a recent statement that the Philippines’ Department of Agriculture and the Bureau of Fisheries and Aquatic Resources (BFAR) have appealed the ruling, stressing the need to protect fish stocks and the livelihoods of small-scale fishers. In tandem with those goals, a separate petition for certiorari filed with the full Supreme Court seeks to overturn the lower court’s judgment, arguing it threatens artisanal fishers’ rights and marine ecosystems. The petitioners include President of the Catholic Bishops' Conference of the Philippines Cardinal Pablo Virgilio David and Oceana.
In July, the Philippine Council for Agriculture and Fisheries under the Department of Agriculture also backed a manifesto supporting petitions to overturn the Supreme Court ruling.
While the ruling is still under appeal, industry stakeholders in the Philippines caution that, if implemented, the change could undermine the sustainability certifications required for tuna exports in international markets.
Veronica Rabano, the general manager of seafood wholesaler Jarla Trading, which is a member of the Philippine Association of Tuna Processors Inc. (PATPI), said that opening municipal waters to commercial vessels raises serious concerns about stock management and environmental enforcement.
Meanwhile, Bernard Mayo, the chair of the Municipal Fisheries and Aquatic Resources Management Council, said that small-scale tuna catches are already dwindling due to intrusion from commercial vessels in nearshore waters.
“We catch less tuna these days. We used to catch around 100 kilograms per trip. Now, we catch less than 50, if anything at all,” Mayo said.
Processors share the same concern, according to Rabano.
“Maintaining our certifications is not just about brand reputation; it’s a matter of survival for our business. If we lose them, we risk losing access to our key markets,” Rabano said.
The Philippine Tuna Handline Partnership, which includes Rabano’s group, spent years securing Marine Stewardship Council (MSC) certification, which finally came in 2021.
The Philippines exported over USD 500 million (EUR 428 million) worth of tuna in 2024, including USD 284.3 million (EUR 243.3 million) of canned tuna to the E.U., where third-party ecolabels are required for market entry. Other major buyers like the U.S. and Japan impose similar requirements, Oceana said.
