Asia Pacific Journal of Advanced Education and Technology

Volume 3, Issue 2, June 2024 / P- ISSN 2815 – 245X / E – ISSN 2815 – 2468 / www.apjaet.com

Combating of Illegal, Unreported, and Unregulated Fishing Activities

Along Manila Bay

Maribel D. Terry, Dr. Leah M. Donato

[email protected]
1
Salay Dipaculao, Aurora, Philippines
2
Baguio City, Philippines

DOI:https://doi.org/10.54476/apjaet/22879

Abstract

This study delves into the complexities of enforcing fishing regulations in Manila Bay, Philippines, where
licensed fishing is a prevalent activity. The legal framework prohibits any fishing practices detrimental
to the marine ecosystem, mandating penalties for infractions. The objective of this qualitative
investigation was to uncover the challenges encountered by enforcement agencies and to delineate the
strategies they employ. Employing random sampling, twenty-two (22) enforcement personnel from the
provinces of Bataan, Pampanga, and Bulacan were selected for participation. A thematic analysis was
conducted on the data gathered through in-depth interviews utilizing a semi-structured questionnaire,
which facilitated the extraction of seven significant themes: inadequate equipment, an increase in false
informants, adverse weather conditions, repeat offenses, joint operations, a reward system, and
prosecution processes. The findings indicate a recurring issue of re-offense among violators, attributed to
the inadequate monitoring, control, and surveillance capabilities of the law enforcement authorities. The
lack of proper equipment further hampers the authorities' ability to effectively enforce regulations, leading
to a rise in illegal fishing activities. The study suggests the imperative need for developing a
comprehensive and effective strategy to curb illegal fishing in Manila Bay, emphasizing the importance
of collaborative efforts and a coordinated approach among law enforcement bodies.

Keywords: Manila Bay, rewards, meeting, violent offenders, patrol boats, inclement weather, active gears

Introduction

In the coming decades, rising global demand, deteriorating ocean health, and ongoing illegal,
unreported, and unregulated (IUU) fishing will pose an existential danger to the world's fisheries. It
hinders continuing attempts to implement sustainable fisheries regulations, affects legitimate fishing
enterprises and livelihoods, jeopardizes food and economic security, benefits transnational crime, distorts
markets, and aids in human trafficking. It may also incite piracy and escalate relations both inside and
between nations. Because of its illegal nature, it is only possible to approximate the extent of the issue
and its detrimental effects. (NIC, 2016)
It violates laws and regulations on fisheries, such as when fishing is prohibited in marine or water-
protected zones and when fishing times are not observed. It also jeopardizes ocean ecosystems,
particularly sustainable fisheries, which are vital to the world's food security, and it disadvantages people
who follow the rules both domestically and internationally. (Vann, 2021)

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Additionally, financial gain, abusing dishonest administrations, and taking advantage of

ineffective management regimes are its motivations. (Amidjogbe et al., 2023).
It was occasionally connected to organized crime, intolerable and deplorable working conditions,
and kinds of slavery. It has an impact on other stakeholders in the fisheries sector, making poverty, food
insecurity, and hunger worse. To stop it, there must be a strong political resolve and coordinated action,
even at the regional level, as it is an environmental crime. (ASEAN, 2019)
Furthermore, the UN Food and Agricultural Organization (FAO) estimates that 15 to 30 percent
of global catches occur annually, but regional and species-specific variations are important. In the past,
West Africa and Southeast Asia saw some of the greatest levels. Higher levels are also associated with
some of the worst rates of decrease in fish stocks. A downward spiral is often experienced by affected
developing nations as fewer fish are being caught by more fishermen as a result of falling fisheries stocks.
In 2011, up to one-third of the wild seafood imported into the US was obtained through illicit means.
According to estimates, the US takes in between four and sixteen percent of the world's IUU catches.
(NIC, 2016)
Furthermore, the majority of fish that is illegally harvested is sold on black markets and is
estimated to make up between 14 and 33 percent of all fish caught lawfully worldwide. It is also a
worldwide plague that is perpetrated in the shadow of the world's oceans by malevolent entities. An
estimated $23 billion is lost annually for the legitimate fishing sector because up to one in five fish
harvested worldwide are obtained through IUU fishing. Furthermore, the world's poorest nations—whose
food and livelihoods mostly depend on fisheries—are disproportionately affected. (Vann, 2021)
Fishing without a license, targeting protected species, or using too fine a net is the main cause of
declining fish stocks in the Indian and Pacific Oceans and beyond (20–50%); just 5% of commercial
species are fished responsibly. That represents a sharp fall that threatens the livelihoods of millions of
small-scale fishermen and costs coastal states over $20 billion annually. (Ziegler, 2021)
Over $6 billion in economic losses were suffered by ASEAN nations in 2019, with Vietnam and
Indonesia suffering the most. With the largest territorial seas and EEZ in the region, Indonesia suffered a
potential loss of approximately $6.8 billion in 2015 and $201 billion from 2013 to 2018. In 2021, this
amount dropped to $74 million. Based on the number and anticipated tonnage of fishing vessels involved
in illicit, commercial, and recreational fishing, this loss represents the possible catch of illegal fish. There
was a notable decline in the quantity of fishing vessels apprehended by the Indonesian authorities from
163 in 2016 to a mere 38 in 2019. Even though the number increased to 167 in 2021, it is still far less
than the 930 that were caught in Indonesian seas in 2014. (Malik, 2022)
The number of occurrences around the world that showcase cruel labor practices, subpar working
conditions, and modern slavery is rising. In 2019, it was discovered that fishermen were being forced to
work long hours and drink seawater. Additionally, it revealed the involvement of thirteen international
fishing vessels in illicit activities, including physical and sexual abuse, extended labor hours, and the
withholding of fishing crew wages. Additionally, they sometimes failed to pay at all and failed to pay in
accordance with the contract. Additionally, data from the Taiwan Fishery Agency indicates that
Taiwanese distant-water fishing vessels employ 21,994 migrant fishermen from Indonesia and 7,330 from
the Philippines. Furthermore, data from Indonesia indicates that 1,451 migrant fishing crew members
have reported incidents of enslavement, abuse, death, unpaid salaries, and unfair and illegal activities.
These difficulties still exist even though the annual number of illegal fishing vessels that are apprehended
has dramatically dropped. Small- to medium-sized illicit fishing boats (30–100 gross tons) are simpler to
identify and apprehend since they are limited in their ability to sail and will eventually have to return to
port to refuel. Larger vessels, on the other hand, might cruise for months at a time and will require more
resources and vessels to catch, making them harder to locate and catch. (Malik, 2022)

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Furthermore, the online database of the Environmental Security Program disclosed the occurrence
of 12 occurrences, underscoring the widespread nature of illicit, unreported, and unregulated fishing as
well as its link to other security risks. Two (2) Chinese and Vietnamese people were detained between
February 2016 and September 2017 for attempting to smuggle 95 kg of abalone and fragments of rhino
horn into Hong Kong. The Australian navy also intercepted a stateless vessel that carried a large cache of
weapons, seizing from it nearly 2,000 AK-47 rifles, 100 rocket-propelled grenade launchers, 49 PKM
machine guns, 39 PKM spare barrels, and 20 mortar tubes. An estimate of the haul's value was $2 million.
Additionally, nine Chinese and Vietnamese fishing boats were stopped in the waters of Congo, Argentina,
Palau, South Korea, and the United States. Their haul included thirty barrels of blue crab, squid, and sea
cucumbers. One of the boats was a part of the Chinese fishing fleet, and Hua Li is notorious for using his
crew as slaves. (Shaver et. al, 2018)
Additionally, the Indian Navy reports that 392 recorded occurrences were tracked in the Indian
Ocean in 2021 as opposed to 379 in 2020. (Hindu, 2022)
The illegal practice of small- and large-scale operators fishing without a permit (IUU) poses a
danger to the marine ecosystem in the Philippines. Lack of funding to establish improved fishing site
monitoring and surveillance has been an issue. (CNN, 2021)
It is a problem that authorities are still having trouble solving. The fisheries agency and its many
enforcement units continue to face a difficult task when it comes to patrolling the large sea domain
because of resource constraints, management bottlenecks, and inconsistencies in policy execution. Illegal
fishing generally falls into four categories: fishing with dynamite, fishing with cyanide, fishing with
modified Danish seine, sometimes referred to as hulbot-hulbot or liba-liba locally, and fishing with
commercial vessels inside municipal waters. R.A. 10654, the modified Fisheries Act of 2013, states that
only artisanal fishermen are permitted to fish inside the nation's municipal waters or 15 kilometers from
the coastline. (Chavez, 2021).
The commercial fisheries that use three gross tons (GT) of catch outside of municipal waters
(beyond 15 km from the shoreline) are divided into three categories: small scale, which uses passive or
active gear and fishing vessels with a GT of 3.1–20; medium scale, which uses fishing vessels with a GT
of 20.1–150; and large scale, which uses fishing vessels with a GT of more than 150. Then there is
aquaculture, which involves raising fish in both inland and marine waterways, and municipal fisheries,
which use fishery vessels of three GT or less, and other types of fishing that do not require the use of
watercraft. Furthermore, the Department of Agriculture's Bureau of Fisheries and Aquatic Resources
(BFAR) is the government organization in charge of managing, developing, and conserving the
Philippines' fisheries and aquatic resources. (SEAFDEC, 2022)
To intensify its efforts to stop IUU fishing, the BFAR recently launched two (2) units of multi-
mission offshore vessels, ten units of 30-meter MCS vessels, four units of 11-meter MCS vessels, and
eighty-seven units of patrol boats with a length of 24 to 40 feet. Additionally, the BFAR and PNP-
Maritime Group signed a memorandum of agreement (MOA). According to the agreement, PNP-MG
would supply workers to support the bureau's workforce in the execution of seaborne patrol operations,
particularly in the areas of law enforcement and investigation, and the BFAR would take the lead role in
enforcing fisheries and marine conservation legislation. The MOA intends to utilize the capabilities of
the two agencies and combine their efforts to prevent, discourage, and eradicate illicit fishing activities
as well as safeguard the maritime environment from overexploitation, according to Director Gongona.
They anticipate that by working together, they will be able to combat IUU fishing more successfully and
maintain both the preservation of our marine resources and the sustainable livelihood of our fishermen.
(Lagniton, 2021).

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The government's efforts to combat IUUF in Philippine waters will be stepped up with the
issuance of Fisheries Administrative Order (FAO) no. 266 and the recommendations for enforcing Vessel
Monitoring Measures (VMM) and installing the Electronic Reporting System (ERS). To manage
fisheries, fishing efforts, and traceability, it will be used to track and monitor the position, course, and
speed of fishing vessels at all times. To ensure the safety of fishermen at sea, the system will make use
of an Automatic Location Communicator (ALC) or tracking device that has a distress alarm button. When
pressed, these devices will automatically find the vessel and notify authorities of any accidents or other
crises. According to FAO 260, VMS must be installed right away on every vessel that weighs 30 GT or
more. Non-compliance with the VMM or violations such as purposefully tampering with, turning off, or
disabling the VMS may result in administrative or criminal liability under Section 119 of Republic Act
10654, also known as the Amended Fisheries Code. (Miraflor, 2020).
They also added state-of-the-art equipment to their law enforcement capacity program, namely
the Integrated Marine Environment Monitoring System (IMEMS) and the Visible and Infrared Imaging
Radiometer Suite (VIIRS). The purpose of IMEMS and VIIRS is to increase government oversight,
control, and surveillance over the nation's exclusive economic zones and coastal seas. (Gongona, 2021).
The government's ability to monitor, control, and monitor its maritime domain is strengthened via
the Integrated Marine Environment Monitoring System (IMEMS) Project, which also aims to boost the
war against IUUF. It integrates communication, licensing, and law enforcement functions to ensure
compliance with various conservation and management measures being implemented in Philippine
waters, exclusive economic zones (EEZ), and other coastal states. It tracks and communicates with
Philippine-flagged fishing vessels in real-time on a national scale. Additionally, the DA-BFAR has
installed 25 of the 117 coast stations (PCMS-Type 2) at designated locations across the nation and is now
building six of the fifteen Port and Coastal Monitoring System-Type 1 (PCMS-Type 1) towers. Following
the Fisheries Administrative Order (FAO) 266—that is, the Rules and Regulations on the Implementation
of Vessel Monitoring Measures (VMM) and the Electronic Reporting System (ERS) for Commercial
Philippine Flagged Fishing Vessels Amending FAO 260 Series of 2018—and the fisheries policy that
supports the implementation of the IMEMS project, over 491 commercial fishing vessels flying the
Philippine flag now have Vessel Monitoring System transceivers (VMS-100) installed. (PNA, 2021)
Additionally, the BFAR carried out the Philippine IUU fishing index and Threat Assessment Tool
(IFIT-Tool), which equips local government units (LGUs) with the necessary tools to recognize and assess
IUU fishing concerns within their municipalities. By doing so, the LGUs may be able to find sustainable
solutions to mitigate the threats that have been identified. (Bunani, 2022).
However, the enforcement agencies in the Philippines have come under fire for functioning
separately and seldom communicating with one another, which has led to a delay in responding to reports
of illicit fishing and allowed offenders to avoid capture at sea. "Their work almost was not harmonized,
now they are slowly doing some [coordination efforts], but it still needs improvement, pure enforcement
will require much investment," said marine scientist Nygiel Armada. It is highly costly: a team, numerous
enforcers, gear, training, and other necessities are required. Furthermore, if we limit our attention to
enforcement alone, nothing significant has changed in the last ten years. (Fabro, 2021).”
According to the Philippines' yearly report on illicit fishing, between 27 and 40 percent of fish
were taken in 2019, translating to an estimated P62 billion in value annually. Thirty percent or at least
30,000 of the municipal vessels are still in service. (Miraflor, 2021)
In the assessment report from January 2021. It falls between 516,000 and 716,000 annually,
translating to between P41.8 billion and P62.5 billion. (Bello, 2021). According to the BFAR Central
Office, as of September 2021, 489 arrests had occurred countrywide in cases of apprehension, including
436 fishing vehicles made up of small, medium, and big commercial fishing vessels as well as municipal

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boats. (Lagniton, 2021). In BFAR Region 3, 219 cases from 2019-2023 were also reported (Dela Peña,
2022). According to some incident reports, especially in Manila Bay, 40 people from Bataan and
Zambales were arrested for violating Section 95, which prohibits the use of active gear, and Section 92,
which prohibits fishing with toxic or poisonous substances. Consequently, all equipment, valued at around
$22,000.00, was seized, including eleven (11) compressors, seven plastic coolers, two tanks of liquid
cyanide, diesel, fishing nets, and various fish. (Aglibot, 2022).
Finally, regarding the three fishermen who were apprehended in Manila Bay using dynamite
fishing, PMAJ Robert Gutierrez, Station Chief of Northern NCR-PNP Maritime Group, said that "their
modus operandi frequently happens during dawn time, they used to change the color of the Boat, so as
not to be noticeable the other perform the dynamite fishing and other will get the boat.". (Untalan, 2022)
Despite attempts by law enforcement agencies, NGOs, and Local Government Units to combat
illicit fishing throughout the nation utilizing various plans and techniques, illegal fishing persists in the
Philippines. Furthermore, no data from Manila Bay is available on this matter.

Objective of the study

The primary goal of this study is to identify the concerns, issues, and challenges that arise
concerning BFAR, local government units, and other law enforcement agencies. They plan to stop IUU
fishing as well. Additionally, it will look for the causes of the decline in commercial fishing vessel arrest
at Manila Bay. The research's primary goal is to develop an interagency plan; it also intends to give law
enforcement organizations research data that will be used to improve their implementation and make them
aware of the need for additional legislative improvement. Since this study will provide feedback to
determine whether the adopted legislation is effective or ineffective, it should be beneficial to them.
Methodology

Population and Locale of the Study. Purposive sampling was used by the researcher to determine
the study population. Because of the participant's attributes, the purposive sampling technique was used
on purpose. It is a non-random technique that does not require a predetermined number of participants or
underlying ideas. In short, the researcher determines what information is needed and identifies those who
can provide it. In addition, the study included twenty-two (22) participants.
The following criteria were used to choose the participants: (a) must be at least three years in
service and have been actively deployed in the operations section, particularly on Manila Bay within the
municipality of Bataan, Pampanga, and Bulacan (b) has experience in seaborne patrol operations, market
denial/inspection, landing denial operations, and mobile checkpoints. (c) has experience in apprehension
and filling of cases and is well-oriented in RA. 10654 is the Act punishing the Illegal, unreported, and
unregulated Fishing and other fishery laws. Table 1 presents the population of the study.

Table 1
Distribution of the Participants
Participants N Percentage (%)
BFAR Law enforcement team 15 68
Provincial Agriculture Office of Bataan, Bulacan, and Pampanga, 5 22
Bantay-Dagat, Local PNP
PNP-Maritime Group 1 5
Phil. Coast Guard 1 5
Overall Total 22 100%

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Manila Bay served as the study's location. This is because the aforementioned region is thought
to be a highly fished area and evidence of extensive biological and economic overfishing has occurred.
Since the Bay of Manila was first colonized by the Spanish and Americans centuries ago, it has
historically been an important fishing area. Overfishing brought on by commercial intensification, the use
of destructive fishing techniques, rising levels of solid waste, and chemical and metallic pollutants that
are both deposited and transported through esters-canals and riverine channels have all contributed to the
degradation of the marine ecosystem during the past forty years. (De-Zoysa, 2018).

Figure 1. The Map of Manila Bay

Data Gathering Tool. The law enforcement team was surveyed using a semi-structured
interview method to learn about the difficulties they faced and the tactics they employed to stop IUU
fishing in Manila Bay. A semi-structured interview allows for debate with the interviewees instead of
a rigorous question-and-answer format because the interviewer does not closely adhere to a
predetermined set of questions. (Dyle, 2018).
The interview was also recorded using an audio recorder. However, authorization was obtained
before using it.

Data Gathering Procedure. The primary source of the data was interviews with members of the
Philippine Coast Guard, PNP Maritime, Bantay-Dagat, LGU, and BFAR Law enforcement team.
Additionally, discussions within the law enforcement units tasked with putting fishery regulations into
practice, drawing from their observations and experiences in the field, were also employed. This is to
support and add to the conclusions that will be drawn from the investigation.
The researcher prepared a communication letter addressed to the BFAR 3 Regional Director
Office, Provincial Agriculture Office, PNP Maritime Group, Phil. Coast Guard office of Bataan, Bulacan,
and Pampanga. The researcher intends to conduct data mining and interviews with the personnel assigned
specified by the letter. It was forwarded to the said offices after having been evaluated by the researcher
adviser, approved by the Graduate Program Coordinator (GPC), and noted by the Dean of the College.

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Upon endorsement by the Office of Regional Director, Provincial Agriculture Office of Bataan, Bulacan,
and Pampanga, and lastly the approval of the Chief-PNP Maritime Group and Phil. Coast Guard, the
researcher conducted data gathering.
Before the conduct of the interview, informed consent was administered to them. The content of
the consent was explained. Rapport was already established. Also, the researcher introduced herself as a
student researcher with her identification card and certification that the researcher is currently enrolled
in. The interviewer also asked for consent from the participants with an audio/video tape as well as in
giving questionnaires. The interviews were recorded and transcribed for purposes of data analysis.

Treatment of Data. The data collected from in-person interviews were analyzed using thematic
analysis. The categorization of the data produced linked ideas and concepts. The primary benefit of theme
analysis is that it produces results that can be measured using qualitative methods while also aiding in the
reduction and simplification of the material that has been gathered.
To enable coding and theme identification, the semi-structured interview guide was used to
document the data, which were then transcribed into a legible format. The participants were presented
with these transcriptions to ensure that the statements they had made were accurate. Using thematic
analysis, themes were derived from this transcription. According to Braun and Clarke (2006), thematic
analysis is a flexible data analysis methodology that qualitative researchers use to extract themes from
interviews. It involves finding, evaluating, and reporting patterns within data. Themes are patterns that
appear in different data sets and are connected to a particular research issue. These patterns are crucial
for describing a phenomenon. Furthermore, the investigator will analyze each theme separately to support
and enhance additional study findings.

Results and Discussion

1. Challenges Encountered during the Actual Field Operations

The experiences of law enforcement during real-world field operations to combat IUUF are
presented in this section.

1.1. Inadequate Equipment

Based on the results of the in-depth interview, every participant indicated that the necessary
logistics to carry out routine monitoring and patrolling in Manila Bay include a floating asset with a high-
speed patrol seacraft capable of fighting illegal activities, which can carry up to 10-15 law enforcement
officers, and an adequate budget for fuel. However, a lack of resources prevents frequent implementation
of the desire to take action against this issue. As narrated by Respondent 4
“Ang problema lang talaga is yung logistical, ung bangka at fuel kasi malayu ang operation
namin e buong Bataan up to Bulacan e 142km from the Shoreline (Logistical issues, such as patrol
boats and fuel, have been a problem because our operation is more than 142 km from the coast).”

Furthermore, it is an ineffective way to patrol because it is a floating asset with a limited range in the area
of duty. As narrated by Respondent 6,
“Yung rubber boat nagagamit kaso hindi naman sya pwedeng pangmalayuan. Kung may sariling
floating asset kasi mahirap yung bangka lang ang sakay ninyo kasi limited din makakasakay sa

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Bangka” (The rubber boat was sea worthy but has a short distant. It’s hard to use the Banca due
to its limited capacity of passenger).”

Similarly, the usage of small banca provides a lesser detection of violators. As Respondent 5 said,
“Pagdating namin sa patroling sa Manila bay, unang una wala kaming boat, yun dito, although
may nakikita illegal fishing, de namin kayang abutin yun, because ang bangka namin is de kaya
sa dagat, ang ginagamit lang namin na bangka is interland lang dyan na magreresponde kami,
malilit na bangka lang (Our first issue when patrolling Manila Bay was that we lacked a patrol
boat, which prevented us from intercepting them due to our banca's restricted range (we use it for
interstate travel only), and we could only reply to the small banca).”

The results agreed with Oceana (2021) that patrolling the seas is a difficult and challenging job
for enforcers tasked with stopping commercial fishing vessels inside municipal waters along with other
illegal, unreported, and unregulated fishing (IUUF) fishing activities in the ocean due to a lack of adequate
assets for monitoring, control, and surveillance activities.
According to the study's findings, the law enforcement unit is unable to carry out maritime
surveillance activities along Manila Bay as a result of the insufficient floating vessels and the insufficient
amount of money allocated for operations. One way to enforce compliance is to deploy specialized
fisheries patrol boats, which are authorized to board vessels to inspect them for non-compliance, identify
any illegal activity, and impose heavy financial penalties. These measures may serve as a deterrent to
fishermen and help prevent attempts at illegal fishing altogether.

1.2. Increase of False Informants

Out of twenty-two (22) respondents, eighteen (18) reported that the number of informants had
sharply increased. Respondent 5 stated in their response that,
“Actually, may mga kontak ang mga illegal fishing na yan. Mismong isla, sila rin yung nagsasabi.
Ganun yan. Minsan pag nakita kami, bibihira lang kasi pumunta ang mga pulis. Dalawa lang kasi
yan, may huhuliin, pag nakita kami sa isla, may huhuliin yun ang sasabihin nya, kakalat yan e (In
fact, because the PNP's operation isn't as consistent as it was when they saw us, illegal fishermen
have contacts that they've told the others about, and they'll be broadcasting it automatically).”

False informants purposefully give false information, usually but not always to divert police
attention from an illegal and ongoing offense committed by themselves, their acquaintances, or their
family members. Informants are people who offer information; they might be common citizens, members
of the law enforcement community, illegal fishermen, or their accomplices. These are witnesses who
frequently provide testimony in return for compensation.

Furthermore, the planned action was abandoned as soon as the illegals and patrol boat docked in
the same location. Respondent 4 disclosed,
“Actually, yung boat namin andyan lang, nakita mo naman, palibot yan ng mga commercial
fishing boat, ah nagpeprepare pa lang kami, sumasakay palang kami ng bangka nakatext na yan
nakatawag na yan” (Have you seen this right? Since we are moored next to a number of
commercial fishing vessels in Mariveles, all of this vessel was notified by phone to another
operator throughout preparation and boarding.).”

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Furthermore, the horizon is obvious in these situations since fake informants can tell their contacts
about the operative's activities. As Respondent 3 narrates,
“Tapos meron ding mga let say, may Bantay-Dagat, tapos e nag-operation sila nagseseaborne,
wala na silang mahuli sa dagat kapag lumaot sila ibig sabihin may possible na may nagsspy may
spy doon sa loob. Pagdating doon, wala ng pumalaot kasi nga alam na may nagpapatrol (For
example, in the case of Bantay-Dagat, during the seaborne operation, no fishing vessel infiltration
has been found, and the water looks pure due to the presence of fake informants).”

United States v. Singleton, 1998 found that "courts have repeatedly indicated that offering
incentives to informants provides enormous motivation to give false testimony and evidence," citing the
Giglioi v. United States (1972) decision.

Another was the dishonest abuse of power, wherein an illicit transaction occurred at sea and was
verified; this was also a connected instance, but it is necessary to evaluate the reasons for the witness's
unwillingness to testify. As Respondent 5 revealed,
“Totoo po sya (Hulidap). Huhuliin ko sana sya lastweek, kaso biglang kumalas yung nagreklamo,
hindi ko alam kung mas natakot sya sa nanghuli sa kanya. Kawawa ang mga mangingisda, kasi
ang claim nila is may resibo naman daw na binibigay sulat lang sa papel, e malaki ang fines na
hinihingi, kasi hindi sila pinapababa sa office, dung lng sa laot. Hindi maganda yung ginagawa
nila” (Verified, I was going to catch him last week, but fear is causing him to flee. It's unfortunate
for tiny fisherman because the payment was made at sea, which is against the law).

The term "hulidap" describes the practice of detaining civilians on pretenses and buying their
release with cash.

Illegal fishing is a source of money, and those who engage in it have their ways of getting around
the law, such as using someone else's name. As Respondent 4 narrated that
“Yung mga chismis na naghuhulidap sa dagat is totoo which is ginagamit ang pangalan naming
(Bantay-dagat) hindi naman kami yun”. (It was confirmed that the rumors concerning our name
being utilized and the unlawful apprehension at sea were true).

Similarly, as soon as the violator learned the strategies of illegal fishing, he might, on the other
hand, abuse illegal means to maximize his profits. As Respondent 8 narrated,
“Maraming silang nagpapanggap ma'am eh. Hindi naman halimbawa Bantay-dagat maraming
nagpapanggap na civilian na ano nagpapanggap sila sa laot, mamimirata, mamimirata bang na
tinatawag gagamitin yung Bantay-dagat ng bawat munisipyo magpapakilala sila may mga
nangyayari ng ganun eh. (Numerous citizens who pose as Bantay-dagats engage in piracy and
misuse our identity).

In addition, the accused police broke the law by conducting a transaction in which a sizable sum
of money was transferred between smaller and larger fishermen to avoid being arrested. As Respondent
3 stated that
“Ang nireklamo nila, transaction nalang during pandemic through Gcash. "Hindi namin kayu
huhuliin sa dagat basta may protection na ipapadala through Gcash" (Regarding the safest
manner to send money via GCASH so that recipients won't be detained, that is the complaint).

Terry, M.D., Donato, L.M., Combatting of Illegal, Unreported, and Unregulated Fishing Activities Along Manila, Bay,
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These individuals are committing crimes, including piracy, by abusing the respect and trust that
come with belonging to the PNP Maritime Group and Bantay-Dagat. This subject highlights how
individuals can subvert the noble intentions of roles such as Bantay-dagat and abuse their position of
power for personal gain. Ultimately, this leads to a breakdown of trust in these roles and the system they
stand for.
The results supported the theory of rational choice. A criminal would only choose to breach the
law after considering the advantages and disadvantages of doing so. When the costs of committing a crime
outweigh the rewards, a criminal will not do it. When criminals perceive that the possible incentives
outweigh the severity of the punishment, they are more likely to take the risk and commit a crime. This
means that the decision to take a bribe, engage in corruption, or do other similar crimes will most likely
be influenced by this concept.
The study's findings showed that there is proof in place connecting corruption to the transfer of
vast quantities of money over international borders, the sharing of details about an operative's activities,
and the collecting of profits. Nearly all of them accepted the cash. One conveniently convinces oneself
that a poor offering is the best one when a bribe appears before one has had time to weigh all of the
possibilities.

1.3. Inclement Weather

Seventeen (17) out of twenty-two (22) narrated that the work of the law enforcement team is
affected by low visibility and heavy rainfall. It halted the entire operation. As Respondent 7 stated,
“Oo as in, yung malalaking alon hindi mo na makita yung hinuhuli mo, tapos meron pa yung
maulan basang basa kami kaya nagdecide na lang kaming umuwi baka kung anu pang mangyari
samin sa laot (Yes, this has happened to us during operations when there is insufficient visibility
and excessive rain for us to find the perpetrators, therefore we have retreated).”

Similar to this, when you see a threat, you have to choose your safety. As Respondent 8 said that
“Oo maam, dito mayroon ganung experiences samin kaya ginagawa namin, babalik na kami
baka may mangyari pa sa amin, kawawa naman maaiwan naming pamilya” (Ma'am, sometimes
during our surgeries we don't see any light and it rains a lot, so we decided to end the procedure).”

Ball, (2022) accepted the results, which said that "inclement weather can also affect police
activity." It might also be more challenging for police officers to carry out their responsibilities in the
rain. Rain can impede visibility, which makes it more difficult for law enforcement to locate offenders
and conduct arrests. making it more difficult for law enforcement to spot criminal activity or suspects.
The behavior of criminals and law enforcement officials can be influenced by the weather.
The study's conclusions demonstrated that bad weather has an impact on the effectiveness and
productivity of the law enforcement team. They tend to withdraw and even refuse to take safety
precautions, which means that when the operatives are not present, the violators continue their illegal
fishing.

1.4. Repeated Offenders

Out of the twenty-two participants, sixteen (16) indicated that common violations such as using
active gear and illegally entering municipal waters are still being committed and that illegal fishing is still
a reoccurring occurrence. As respondent 2 stated

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“Pagdating sa seaborne patrolling mostly encountered namin yung mga illegal entry syempre
walang permit iyan tapos use of active gears mga ganun. (When conducting seaborne patrols, we
have frequently come across instances of unauthorized access, the employment of active gear, or
illegal entry.)”

To catch fish, active gear needs to be dragged, towed, or moved. Boats with engines are typically
needed for this, and additional funding is needed for stationary or passive gear. Trawl nets, purse seines,
and troll lines are a few instances of this.
As to the Fisheries Administrative Order No. 201, s. DA-BFAR. of 2000 states that the use of
commercial or municipal trawls specifically, active fishing gear is prohibited in municipal waters.

In addition, since the authorities that catch them must pay fines, additional offenders are more
likely to commit the same crime, continuing the cycle of illegal fishing. As Respondent 3 narrated that
“E yun na nga ang problema, more on pagkaganun bayad lng ng bayad adi paulit-ulit kasi kinikita
naman nila yun e. (One of the issues with illicit fishing was that offenders were compensated
through the payment system, creating a vicious circle).”

On the other hand, making a loan is one option to resolve the infringement. As Respondent 7 said,
“Mangutang ka lang makakabayad ka na ok ka na madali mo rin paghanapan ng pera iyan, yung
makulong ka kahit ang dami mong pera anong mabibili mo doon anong halaga ng pera doon
(When you lend money, you'll pay the fines, which makes it easier for you to turn a profit. If you
were imprisoned, however, your money would be worthless).”

Furthermore, the quantity of violent offenders is taken into account when defending violations.
Violators obstructed inspections because they were scared or knew the law. As respondent 7 revealed,
“Oo may lumalaban. Oo madami. 30x meron na, diba may video pa yun, nagkahabulan pa. Oo.
Sa market nga lang, maraming nangyari satin na ganyan. Oo yung iba tinadyakan pa yong cooler,
nanakit, totoo marami tayung nakasama na joint operation na nanakit sila” (Indeed, there are
those who violate the rules by acting aggressively during operation, in my experience, this has
happened 30 times or more, both during joint and market operations).”

Additionally, some criminals want to exact revenge on law enforcement for apprehending them at
sea. As respondent 8 narrated,
“Ang kinakatakot ko dito kasi parang nagbanta ng illegal, na gaganti sila sa mga Bantay dagat
kaya nag ingat din kami. Pero yung mga nangyayari ngayon hindi biro kasi malalaki iyon
pwedeng ngang umuupa sila ng titira samin dito kasi sa laki ng fine na binabayad (We need to
stay vigilant because I fear the perpetrators will retaliate against us. Because of the severe
punishments, there's a chance that someone will give us the order to kill ourselves).”

Furthermore, there is a situation where those who commit the crime are more willing to fish
illegally since they have no fear of being discovered. As respondent 2 stated,
“Kapag Bantay-dagat lang kasi hindi nakikinig e. Nakaencounter na kami, pabalik-balik din sila,
hindi nila pinakikinggan kapag Bantay-dagat lang. Kaya inaavoid namin yung, kailangan may
kasama kaming PNP at BFAR” (The reason why violators intend to fish illegally is that they don't
hesitate to bantay-dagat. Thus, we will require BFAR and PNP's assistance).”

Terry, M.D., Donato, L.M., Combatting of Illegal, Unreported, and Unregulated Fishing Activities Along Manila, Bay,
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Volunteers that make up the Bantay-dagat (Sea Patrol) civilian fisheries patrol team attempt to
maintain a 24-hour watch on Philippine coastal waters up to 15 kilometers offshore.
The findings support Knight's (2020) claim that there is no true deterrent impact or effect of
lowering recidivism associated with the harshness of punishment, a concept known as marginal
deterrence. Many crimes are what we refer to as expressive crimes, meaning that people are not making
decisions based on a cost-benefit analysis to see whether the punishment is more advantageous than the
benefit.
The study's conclusions demonstrated that IUU fishing has historically been a low-risk, high-
reward activity with minimal likelihood of being discovered and minimal expense associated with fines
and legal action, especially when weighed against the enormous profits that may be realized from selling
the fish. Because the profits are enormous and the likelihood of being caught is low, the risks are
worthwhile. Furthermore, reoffending happens when charges are more costly than conviction since the
severity of the penalty has minimal effect in deterring crime. As a result, repeat offenders are more likely
to commit new crimes.

2. Strategies Drawn to Control or Reduce IUUF Activities

The various strategies used by the LGU and law enforcement team, their importance, and the
likelihood of resolving the declining rate of illegal fishermen's apprehension, especially in Manila Bay,
are presented in the second statement of the problem.

2.1. Joint Operation

Every participant said that ongoing coordination can be very helpful for all concerned authorities
since it provides a forum for sharing goals, ideas, accomplishments, and agendas. Meetings are for
information sharing and problem-solving. As respondent 1 narrated,

“Ang ginawa ni province para magkaroon ng continuous coordination ang law enforcers,
nagkakaroon kami ng quarterly meeting. Doon nagkikita yung mga law enforcer, yung mga
MFARMC na kung saan ang may concern doon iraraise yung problema pagdating sa illegal
fishing (There will be quarterly meetings in the province of Bataan to discuss matters pertaining
to illicit fishing. We have persisted in collaborating with the relevant agencies).”

Additionally, through profiling, the LGU will be able to identify and keep an eye on the
performance of its employees, who are mandated to conduct patrols and surveillance activities inside the
waterways of their municipality. Respondent 3 stated,
“Kami sa province yung MFARMC quarterly kami. Pinapoprofile namin yung FARMC nila (At
MFARMC meetings in the province of Bataan, we performed a profile).”

The Municipal Fisheries and Aquatic Resource Management Council (Philippines) is known by
the acronym MFARMC. They work as partners in the development of agriculture and fishing initiatives
as well as the local policy-making body. They are essential as a means of communication and as
facilitators of accountability, transparency, relevance, and responsiveness.

Likewise, gatherings with all relevant agencies were called to formulate a collective decision. As
Respondent 6 narrated,

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“Nandon yung Bantay-Dagat, Police, BFAR, yung nagdedebate talaga sila kung ano dapat
ayusin. Yes, po maganda kasi andon nakikita mo don yung mga accomplishment nang ibang ano
(Agency)” (The presence of Bantay-dagat, PNP, and BFAR at the quarterly meeting demonstrated
that it was indeed well-coordinated, since each agency's accomplishments were showcased).”

The outcome supported Delgado's (2023) observations that meetings develop into dynamic spaces
for cooperation, creativity, and output. It ignites invention, fosters creativity, and helps teams succeed.
Meetings are also necessary for discussing issues and possible solutions as well as for collaboratively
exchanging ideas for the development of an organization.
The results of the study showed that regular, ongoing meetings foster accomplishment as well as
open communication and transparency inside the company. Meetings are used to discuss and make
decisions about issues.

2.2. Reward system

Sixteen (16) out of the twenty-two (22) participants stated that incentive payments are an excellent
means of inspiring staff members. It also safeguards how it is implemented by the leaders. According to
respondent 1,
“Ang strategy talaga namin mam sa province, mga reward, trainings. Yun talaga yung support
ng province lang mam e, nasa munisipyo lang, coordinating agency lang. Sa province mam, may
5000.00 yun. Budget po yun ng Governor. Sa Province mam, si Maritime nakapag-apprehended
ng anim na illegal fishers, or illegal activities. Kung anu yung document na pinasa sa BFAR, yun
din ipapasa nila samin na may receive si BFAR. Pagdating naman sa Criminal yung folder na
katibayan na, naisampa nila yung kaso. So ipapasa nila yun, gagawan namin ng payroll (Our
approach in the Province of Bataan is to provide incentives and training. The province and local
governments are providing support through this system, namely to the coordination agency. Every
apprehension in the province of Bataan costs 5000.00 pesos. The governor has that on his budget.
Our office would process the incentives for the six (6) illegal fishers that are captured by PNP
Maritime promptly upon receipt of the same documentation filed and obtained from BFAR).”

"Authorizing the grant of monetary incentives to the members of Bataan Anti-illegal Fishing Task
Force composed of operatives from the Philippine National Police, The Philippine Coast Guard, and
Deputized Bantay-Dagat performing anti-illegal fishing activities within the province of Bataan," was the
topic of SP Resolution No. 53 Series of 2016.
Moreover, an explanation was given as to the calculation of the reward. As respondent 4 narrated,
“Ang natanggap ko is 25,000.00, ang reward namin nung nakaraan… kaya masipag ang aming
mga pulis, kasi ang ginagawa ko kapag natatanggap nila yan, kung kaninu nakapangalan yan, sa
kanya ko ibibigay. So gustong gusto nila kasi (My men are now more productive thanks to the
25,000.00 pesos I recently received. The task's performers have been awarded).”

The study's findings supported Abourizk's (2021) assertion that having a strong incentive program
keeps staff members content, devoted to the organization, and motivated to advance. Incentives such as
increased income and public recognition spur workers to put in more effort.
The study's conclusions made clear that recognition of the effort is just as important as praise and
prizes. Give out some sort of prize to all employees to motivate them to work more and perform better—
no matter how little—as long as everyone gets what they deserve.

Terry, M.D., Donato, L.M., Combatting of Illegal, Unreported, and Unregulated Fishing Activities Along Manila, Bay,
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2.3. Prosecution
Of the twenty-two (22) participants, sixteen (16) talked about the importance of criminal charges
as a deterrent. As respondent 4 shared,
“Kapag nakitang second time offender ang huli ng BFAR, kapag isesend namin yung mga
pangalan ng bangka or details, sasabihin nya samin kung magkanu ang estimated na fines, kung
ilang beses na sya nahuli,so nakikita naming yung data, pwede namin ideretso ng criminal case
kung lagi lagi na lang (If we learn the offender's details, we can prosecute him with a crime right
away to prevent repetition).”
A criminal sanction is a penalty meted out to those who violate the law. This covers items such as
penalties or compensation. It is only granted following a conviction in a criminal trial. Sanctions can be
very significant, including going to jail, and are intended to make people obey the law. A court may
occasionally also impose a shame sanction, which is designed to make a person who has been found guilty
of a crime feel ashamed in public.
Similarly, law enforcement officials may determine that if the offender is found guilty of illegal
fishing, he will only face criminal charges or administrative penalties. As respondent 5 stated,
“Wala, kakasuhan namin sila, sa korte sila. Ganun samin e. Kapag hinuli ko, kukunin namin ang
papel, idedemanda ko yan. So bahala na ang court sa kanila. Magkaiba kasi kami, sa kanila kasi
municipal ordinance, sakin National Law (If we find a violator, we will prosecute him in court,
seize all records and evidence used to support unlawful fishing, and apply national legislation).”

Furthermore, the authorities must have the authority to determine what charges should be brought
against a violator. As respondent 1 discussed,
"Sir since ako naman ang nagbiyak (isda), hanggat maari criminal case tayu kasi kung tignan
natin yung impact (dynamite fishing), although may huli ang maritime ngayun na isda pero caught
in the act, sa evidence pa lang pwede na tayu magkaso(possession) (If we discover someone
fishing illegally, we will either make an arrest or pursue criminal charges based on the facts).”

In addition, the government has demonstrated how to use deterrents to make a law effective. As
Respondent 7 also suggested,
“Halimbawa yung buli-buli, fine lang ng fine yan, dapat dyan ikulong. Isang bangka lang ewan
ko lang kung hindi sila matakot (As an illustration, let's say we capture some buli-buli and put
them in jail. Perhaps this time, more people will be afraid to go fishing illegally).”

R.A. 10654 and other fisheries laws are the kind of disincentive that needs to be used to stop
illegal fishing.
Through the establishment of the BFAR and other institutions, this law seeks to lessen the prevalence of
IUU fishing in the Philippines. As respondent 2 stated,
“Mga baklad pinapabaklas namin iyan bibigyan namin sila ng time, ngayon kapag hindi sumunod
kami na mismo ang mag-aalis. Then actually hinuhuli talaga sila kapag hindi sila sumusunod,
hinuhuli namin and then iIEC (Information, Education Campaign) namin talagang mapafine sila
para madala (We offer someone who is using unlawful baklad time to stop using it after we catch
them. When de doesn't want to, we'll disassemble it. Additionally, we'll be detaining him and
placing him in IEC if he doesn't comply with us).”

Terry, M.D., Donato, L.M., Combatting of Illegal, Unreported, and Unregulated Fishing Activities Along Manila, Bay,
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An information education campaign is a strategy that aims to modify or strengthen a group of

behaviors in a target audience concerning a certain issue within a given time frame.
Furthermore, through a range of activities and other programs run by the LGU, BFAR, and other
partner organizations, those laws are applied and used as tools for educating individuals about their uses
and value. This covers the IEC's actions toward such seafood dealers, unauthorized fishermen, and other
parties. The team leader's decision also makes a difference. As Respondent 5 said,
“IEC? In a month lang or twice a week or depende po, sinasabay na namin yang pagpunta namin
sa mga isla (We utilized that IEC and implemented it into another process. We've been doing this
once or twice a month).”

The study's findings were consistent with the deterrence theory, which holds that severe penalties
may be used to deter criminal activity in the future if offenders exercise reason before committing a crime.
Punishment needs to be immediate, certain, and severe to have a deterrent impact.
The results of this study demonstrated that, due to the economic significance of illicit fishing, it is
possible to abolish or prevent it until the government implements strict sanctions as a deterrent and
expands IEC programs.

Findings

With the inadequate of patrol boats and other logistical difficulties, patrolling by law enforcement
agencies continues to be hampered as well as an increased incidence of IUU fishing in Manila Bay.

Severe penalties as deterrents and reductions in re-offenders are necessary for combating IUU
fishing.

Regular meeting helps law enforcement authorities deal with the increasing number of IUU fishing
cases.

Conclusions

The government invests heavily in infrastructure, which is a visible sign of progress; however, the
BFAR law enforcers, LGUs, and other law enforcement agencies encountered inadequate equipment to
combat IUU fishing. The other challenges of the BFAR law enforcers, such as conducting sea patrol
during inclement weather, will be addressed with proper and adequate equipment.
The employment of prosecution as a deterrent has shown to be an effective tactic against IUU
fishing in Manila Bay. Law enforcement agencies will continuously coordinate and cooperate to limit the
actions in proportion.
Before carrying out such field operations, information needs to be verified to avoid
misunderstandings and deal with inaccurate information obtained from outside sources.

Recommendations

The BFAR law enforcer should work closely or engage in an agreement with LGUs, NGOs,
and other private sector for requesting equipment.
To end, decrease, and control IUU fishing in Manila Bay, BFAR, LGUs, and other agencies
must develop an interagency plan.

Terry, M.D., Donato, L.M., Combatting of Illegal, Unreported, and Unregulated Fishing Activities Along Manila, Bay,
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Before carrying out the operation, establish information sharing and analysis to verify the data
obtained from informants and other sources.

Acknowledgment

The researcher would like to thank Dr. Leah M. Donato, her thesis adviser, from the bottom of
her heart for all of her help and support during the research and writing of this thesis. Without her
encouraging words and perceptive criticism, my effort would not have been feasible.
The authors of this thesis would like to thank the members of the committee, Dr. Virgilio C.
Ablaza, Linette D. Gahar, and Dr. Robino D. Cawi, for their insightful feedback.
Sincere gratitude is extended to friends and family for their continuous support and motivation along the
academic path. This support and affection have always been a source of inspiration and strength.
In conclusion, the researcher would like to thank all of the study participants, without whom this
research would not have been feasible. Their readiness to impart their knowledge and perspectives,
enhanced this effort and advanced the field.
Thank you all for your invaluable contributions to this thesis.

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