Lawmakers urge review of BFAR order to bar sale of imported pampano, salmon in wet markets

Senators on Tuesday have urged a review of the Bureau of Fisheries and Aquatic Resources (BFAR)’s order to prohibit the sale of imported pampano (pompano) and pink salmon in wet markets starting December 4.

In a privilege speech, Senator Raffy Tulfo said the BFAR’s order is “anti-poor” and shows clear "discrimination" against fish vendors in the wet markets.

Under BFAR Fisheries Administrative Order No. 195, fish vendors in wet markets are prohibited from retailing the imported fish products. The bureau said imported pampano and pink salmon can only be sold to institutional buyers including hotels, restaurants, and companies in the canning and processing industries.

Tulfo said that their regulation and campaign should be done in ports and in coordination with the Bureau of Customs (BOC).

“Something smells fishy here. In the law, the exception from the need of a Certification of the Necessity to Import (CNI) only applies to canning or processing purposes, pero sa FAO 195 naisama na po ang [but FAO 195 includes] institutional buyers like hotels and restaurants being allowed to import without the need for the CNI,” he said. 

“Ang tanong, sino ang magaling na nagdagdag nito sa FAO 195.  Ang mayayaman na restaurant at hotel nakalusot sa pag-import ng isda pero ang maliliit na tindera sa palengke hindi pwede at bakit. [The question is, who added this to FAO 195. Rich restaurants and hotels may import fish but small vendors in wet markets may not.] This is a clear violation of equal protection. Malinaw na malinaw na discrimination po ito laban sa mga maliliit na tindera sa merkado [This is clearly discrimination against small vendors in markets]. And more importantly, BFAR went beyond the provisions of the law,” he added.

The senator also asked why the rules applies only to imported pampano and salmon are prohibited, saying that there are other imported fish products in the market.

Tulfo also called for a review in the composition of the National Fisheries and Aquatic Resources Management Council (NFARMC).

“If they are the ones consulted regarding the importation of fish, why is there no representative from the fish market vendors and consumers?  Fish vendors and consumers are affected by the issuance of these CNIs, why are they not consulted?” he said.

He also warned the BFAR to implement the law as intended by the legislative.

“Bawal ang dagdag-bawas sa mga rules and regulations ninyo [You cannot add or remove from the rules and regulations]. And if the problem is importation, fix the importation. Catch the smugglers. Huwag itong mga tindera sa mga palengke na naghahanapbuhay lamang [Not the vendors who aer just trying to make a living],” he said.

Senator Grace Poe echoed Tulfo's sentiments, saying that the order was discriminatory.

She then asked the Department of Agriculture (DA) to instruct the BFAR to revise the order.

“Maaari po kayang kausapin ang DA, yung BFAR na ayusin ang department order na ito na ayusin o i-amend, i-revise o i-repeal, pwede yan. Hindi naman yan batas na kailangang dumaan sa atin,” she said.

(Could the DA ask the BFAR to amend or repeal the department order? It's not a law that needs to go through us.)

“I think we are calling the attention now of the BFAR officials to please look at your department order and revise it according to the proper way of the importation of salmon, pampano and other seafood products kasi hindi pwedeng yun lang sa dalawang 'yun pero ang iba nag-iimport kayo pero pinapayagan ninyo sa wet market [because it can't be that only those two are not allowed but other imports are allowed in wet markets],” she added.

Separate BFAR from DA

Senate Minority Leader Aquilino "Koko" Pimentel III, on the other hand, called for separating the BFAR from the DA.

“Siguro one possible overhauling of the system pinagusapan namin ni Senator Risa [Hontiveros], our deputy minority leader, siguro yung BFAR ihiwalay na natin sa DA para maka-concentrate din tayo sa BFAR,” he said.

(One possible overhauling of the system that Senator Risa and I discussed is to separated the BFAR from the DA so that we can concentrate on BFAR.)

“Maybe the proposal of Senator Hontiveros, if I may be allowed to announce it, is the Department of Oceans, Fisheries, and Aquatic Resources. So para naka-focus din po tayo sa kanila pagdating ng budget hearing, focus na tayo sa kanila [So that we can focus on them when it comes to the budget hearing],” he said.

Calls for investigation

Cavite Representative Elpidio Barzaga Jr. also called for an investigation into BFAR’s order, saying the bureau has to explain the legal basis for the move.

"This is to determine if there is a violation of the Constitution, discrimination against local fish vendors and if the present regulations only encourage smuggling, graft and corruption that does not protect the general public, the environment, and promote the general welfare," Barzaga said in House Resolution No. 600.

“There should be an investigation to determine if the alleged prohibition applies to both local fish vendors and institutional buyers or to the former only and consequently, why a similar crackdown is not being done against institutional buyers thereby discriminating against local fish vendors,” he said.

“More importantly, BFAR should define the meaning of 'institutional buyers' in order to avoid confusion in the interpretation and implementation of their administrative orders," he added.

'Retaso'

BFAR has defended the rule, saying that allowing the pampano and salmon imports in wet markets would negatively affect local fishermen.

"Kapag nagkaroon ng maraming pampano, maraming salmon, hindi na natin ma-stabilize yung presyo natin, at doon po kawawa naman 'yung mga maliliit na mangingisda natin because hindi na sila nabibigyan ng opportunity para magbenta ng kanilang local products po natin," BFAR Administrative Services Assistant Director Zaldy Perez said in Bernadette Reyes' report on 24 Oras last week.

(If there's a lot of pampano and salmon, we won't be able to stabilize prices, and it will be the small fishermen who will suffer because they won't get the opportunity to sell their products.)

In the same report, Tugon Kabuhayan convenor Asis Perez said some of the imported fish being sold are trimmings or byproducts that are not purchased elsewhere, and can affect sales of local fish.

"Pag inilaban mo kunyari sa buong isda, buong tilapia, 'yung retaso ng isang isda na hindi naman kinakain sa kanilang lugar—halimbawa, Norwegians, they don't eat the head. So dadalhin iyan dito sa atin as trimmings or byproducts. Ilalaban nila iyon sa ating local produce, talagang matatamaan sila kasi mura. Walang bibili ng tilapia mo."

(If you put whole fish against the trimmings that are not eaten in other places—for instance, the Norwegians don't ear the head. So they bring them here as trimmings or byproducts. These compete against local produce and they will be affected because these will be cheap. No one will buy your tilapia." — BM, GMA Integrated News