THE Bureau of Fisheries and Aquatic Resources has declared that compliance with its controversial regulation, the Fisheries Administrative Order No. 266 that requires the installation of vessel monitoring system (VMS) and electronic reporting system (EPS) for commercial Philippine-flagged fishing vessels, will be voluntary.
In an online consultative meeting with the industry’s stakeholders last Tuesday, lawyer Michael Andayog, officer-in-charge of BFAR’s Fisheries Regulatory and Licensing Division, said the installation of the VMS 100 transceiver as mandated by FAO No. 266 is no longer mandatory.
“We are aiming for voluntary compliance by the commercial vessels,” Andayog told the owners and operators of commercial Philippine-flagged fishing vessels.
Andayog issued the statement apparently to avoid legal complications after a group of commercial fishing companies earlier urged the Malabon City Regional Trial Court to cite BFAR and the National Telecommunications Commission for indirect contempt for allegedly defying a court order enjoining them from implementing FAO No. 266.
The government had explained that FAO 266 was enacted to strengthen the monitoring, control and surveillance system of the country’s fishery resources for sustainable management and conservation.
FAO 266 is a regulatory measure that implements the Vessel Monitoring System and Electronic Reporting System, which was enacted to comply with the implementation of various conservation and management measures under the Regional Fisheries Management Organizations and other International Fisheries Commissions, of which the Philippines is a signatory.
Andayog encouraged stakeholders to voice their concerns on the issue, saying “we are also exploring other possible ways to improve the system in relation to the detection and monitoring through the vessel monitoring system.”
The NTC clarified that its presence during the meeting was merely intended to explain the process on how NTC issues Maritime Mobile Service Identity (MMSI) number to fishing vessels and the licensing process.
“Our participation here was a courtesy to the invitation extended by BFAR. We just presented the general procedure of how to secure MMSI numbers, not specific to this project, but its general guideline based on our citizen’s charter. So, we presented it in a manner (intended) to just enlighten everyone of how NTC issues MMSI and the corresponding licenses for it,” said Engr. Alvin Bernard Blanco, OIC-Director, NTC’s Special Licensing Branch.
The Malabon City RTC, in a decision released on June 1, 2021, had declared FAO No. 266 null and void for being unconstitutional and contrary to the provision of Republic Act 8550 of the Fisheries Code. It also made permanent its writ of preliminary injunction dated January 22, 2021 prohibiting BFAR and NTC from implementing FAO 266.
Last month, a petition for indirect contempt was filed before the Malabon City RTC seeking to cite BFAR through its national director Eduardo Gongona, NTC and other concerned agencies, for indirect contempt for ignoring the permanent injunction enjoining the government agencies from implementing FAO No. 266.
