Stop enforcing order 266, BFAR told

THE Office of the Solicitor General (OSG) advised the Bureau of Fisheries and Aquatic Resources (BFAR) and the National Telecommunications Commission (NTC) to desist from implementing the controversial Fisheries Administrative Order (FAO) 266 that requires fishing boats to install vessel monitoring and electronic reporting systems (VMS).

Solicitor General Jose Calida, in a legal opinion, strongly advised the BFAR and NTC to comply with the ruling of the Malabon City Regional Trial Court that declared FAO 266

unconstitutional.

FAO 266-2020 amended FAO 2602018 that requires the installation of VMS-100 transceivers in all comMERCIAL fiSHING VESSELS OPERATING IN domestic waters and in the high seas. It is supposedly being implemented to further intensify the campaign against ILLEGAL fiSHING.

Calida urged BFAR Director Eduardo Gongona and NTC to obey the court order.

The court has made permanent its writ of injunction against the implementation of the FAO 266 THAT REQUIRES ALL COMMERCIAL fiSHING operators to have vessel monitoring and electronic reporting systems installed in their catchers as part of the Integrated Marine Environment Monitoring System.

It also requires the covered vessels to apply for maritime mobile service identity numbers with the NTC.

The BFAR and NTC elevated the case before the Supreme Court but the high tribunal did not issue a restraining order.

Acting on the query of the two agencies, THE OSG REPLIED “IN THE AFfiRMATIVE” WHEN asked “whether the implementation of FAO is restrained by the writ of injunction issued by the RTC pending appeal to the Supreme Court.”

“Given that the RTC made permanent the preliminary injunction issued by it and unless the Supreme Court issues any injunctive writ to enjoin the enforcement of the same, the OSG is of the opinion that BFAR and NTC should desist from implementing FAO 266,” Calida said.

“By virtue of the rendition of the assailed decision, the RTC made the preliminary injunction permanent. As a consequence, the writ shall be immediately enforced, unless stayed or restrained by the Supreme Court,” he added.

“This departs from the earlier opinion, which was rendered proximately AFTER THE fiLING OF THE PETITION BEFORE the Supreme Court, that FAO 266 may still be implemented. Owing to the facts that the RTC already ruled on the unconstitutionality of FAO 266 and that the Supreme Court has not issued a restraining order or injunction to stay the writ of permanent injunction, as of date or six months after the petition for review was filed, the OSG reconsiders its earlier opinion and accordingly posits that the writ of injunction is immediately executory and may not be stayed simply by appeal,” Calida explained.

Meanwhile, Jaydrick Johnson Yan, president of the Southern Philippines

Deep Sea Fishing Association (Sophil), SAID THAT AT LEAST 22 fiSHING COMPANIES IN ZAMBOANGA CITY WILL SEND OUT THEIR flEETS with copies of the court ruling and the injunction against the implementation of the VMS requirement.

“We will go out because for the food supply to maintain the price, we need to help our fellow Filipinos because if WE WILL NOT DEPLOY OUR fiSHING BOATS, OUR OWN fiSHERMEN WILL LOSE THEIR JOBS. Since December, January, February we HAVE NO WORK BECAUSE OF THE CLOSE fiSHing season,” Yap said.

Sophil member companies catch BETWEEN 650 AND 800 METRIC TONS OF fiSH per day.

Yap warned that they will be compelled to strike if the BFAR will insist on implementing its questioned order.