The government will appeal the Supreme Court’s (SC) ruling that declared as unconstitutional the policy requiring vessel monitoring systems for commercial fishing vessels, warning that the decision could fuel illegal fishing.

The Bureau of Fisheries and Aquatic Resources (BFAR) said on Monday, Aug. 3, that it will file a motion for reconsideration to reinstate the implementation of Fisheries Administrative Order (FAO) No. 266, which requires Philippine-flagged vessels to install vessel monitoring systems.

BFAR argued that the order goes beyond a simple mandate for a “tracking device,” as it serves as the government’s frontline enforcement tool for monitoring compliance with fisheries regulations and conservation measures.

In particular, it said monitoring becomes critical during the closed fishing season to protect gravid female stocks in spawning and nursery areas from illegal exploitation.

“The regulation is aligned with the right to a healthy environment, which right belongs to the Filipino people and the stakeholders alike,” the BFAR said in a statement.

BFAR said there is an urgent need to reconsider the SC ruling due to mounting pressure to strengthen fisheries enforcement and protect dwindling fish stocks.

The agency emphasized that an effective vessel monitoring system remains the “most effective and internationally recognized tool” for eliminating illegal, unreported, and unregulated (IUU) fishing.

Agriculture Secretary Francisco Tiu Laurel echoed this sentiment, saying that efforts to combat IUU fishing must rely on electronic data rather than the manual filing of reports by commercial fishing firms.

“We are fairly confident the Supreme Court will reconsider the ruling, and allow us to use this internationally recognized vessel monitoring system,” he said.

According to BFAR, the monitoring system is also essential for meeting the traceability and sustainability standards required by export markets and for complying with international commitments on traceability and sustainable fishing.

The SC ruled FAO No. 266 unconstitutional after determining that it violated fishing operators’ rights against unreasonable searches and seizures, as well as their rights to due process and equal protection under the law.

In its decision, the high court said it found insufficient evidence that the mandated monitoring system was effective in detecting IUU fishing violations, noting that the data it provides is similar to information already being submitted through existing reporting requirements.