Owners liable for environmental damages as ship runs aground Sarangani reef

Russtum G. Pelima

ALABEL, Sarangani (May 11, 2011) – Local government units and national line agencies conferred today (May 11) to devise measures to ensure owners of a foreign cargo ship that rammed into a reef off Kiamba town Sunday were made answerable for environmental damages.

Marine Vessel Double Prosperity ran aground the protected Bakud Reef. M/V Double Prosperity is the largest ship in recent history to be grounded in Philippine waters.

“We are calling this meeting to take the lead in putting together concerned agencies to ensure synergy and countermeasures are made,” Governor Migs Dominguez said as he led the meeting at the Environmental Conservation and Protection Center (ECPC).

The meeting was urgently called for by the provincial government with the Philippine Coast Guard, Bureau of Fisheries and Aquatic Resources, PAMB, Department of Environment and Natural Resources and the Provincial Legal Office.

“We do not want agencies to commit blunders that may become an international disaster. We are a protected seascape thus adding more seriousness to the matter,” Dominguez warned officials.

Built in 2005, M/V Double Prosperity, a Panama-registered tanker vessel, has 39,727 gross tonnage and 25,754 net tonnage. It has a length of 225 meters. The ship is skippered by a Filipino captain with 21 all-Filipino crew onboard.

Reports and affidavits from crew and officers onboard revealed admission of human error on the part of M/V Double Prosperity.

PHILIPPINE COAST GUARD REPORT

Acting Deputy Commander Roy Echeverria said the ship enroute to India from Australia carrying 65,961 MT of coal suddenly ran aground on or about 1000H of May 8 at the vicinity 2.5 NM off Kiamba, hitting the Bakud Reef, a marine protected area.

Initially, the detachment commander, a PO1 Ranches, boarded the vessel together with K9 and special operations group personnel to provide security to the vessel and conduct an initial investigation.

It was found out that the fore peak tank of the vessel is leaking. Further, members of the Philippine Coast Guard-South Eastern Mindanao marine environmental protection group together with DENR personnel went on board the ship at 1000H of May 9, because the vessel is said to be loaded with coal.

The vessel is presently in stable condition, however, MEPGRUSEM and DENR personnel are assessing the threat this may pose to the environment, i.e., oil spillage and coal pollution.

ADMISSION OF GUILT

In a video clip shown at the meeting by provincial environment and natural resources officer Noel Carino, ship captain Danilo Sta. Ana admitted the ship went aground due to human error.

In his May 9 affidavit, Sta Ana of the vessel stranding - “Yung accident na nangyari is purely human error”.

Sta Ana said “as per initial checking, the duty officer miscalculate our vessel’s position which put our good vessel hitting the reef. I tried countermeasure by reversing the engine but to no avail. We regret this maritime accident.”

In a hand-written affidavit dated May 9, Able Seaman Dennis Perilla said the ship was trying not to hit small boats in that area when suddenly one fishing boat crossed their way and as the ship tried not to go its way hit the reef instead.

In another affidavit dated May 9, 3/M Robert Cepe said “while navigating the South coast of Mindanao, the vessel hit the reef due to my miscalculation of ship’s position and it is already too late when I altered my course.”

The Philippine Coast Guard interrogation report showed the accident could have happened due to the following causes: the officer failed to properly maneuver, the master failed to provide navigational watch due to alcohol impairment, and the ship was on auto pilot and not one was manning the wheel.

MISTAKE IN THE PAST

In July 2006, grounding of a ship in Tubbataha Reef caused immeasurable damage to the ocean’s priceless corals and pelagic life.

In July 2009, M/T golden Alkane ran aground at vicinity 2.6 Nautical Miles South of Bakud Reef after passing Sarangani strait and navigating the waters of Celebes sea.

“No damages were made against the owner of the vessel. The municipality was not aware and did not hold the ship. This is a mistake in the past that we do not want to commit,” Dominguez said.

STEPS TO BE MADE

Though with small probability of oil spillage, the Provincial Legal Office, together with national line agencies as complainants and the province as the collaborative counsel, are decisive to file a civil case against the owners of M/V Double Prosperity.

Governor Dominguez disclosed that an expert in marine biology from University of the Philippines’ marine science will come to determine the extent of damage on the reef and coral life caused by the grounding of the ship.

“Our objective here is to make the boat safely pulled out from the reef, no collateral damage will be done, and that the rights of the province is protected and compensated,” Dominguez said.

Dominguez as vice chairman of the Protected Area Management Board will sign a letter requiring the owner of the ship to send a representative and sit down for negotiation.

“If they cannot send a representative then we file the case,” Dominguez said. But Dominguez assumes a big company owns the 39,000 GT ship and that they would deal with the matter professionally.

Meanwhile, Echeverria said there must be a detention order to hold or detain the ship to avoid pollution. About 40% of the ship is into the reef.

“Since she is involved in a maritime incident, her (M/V Double Prosperity) documents are suspended per IMO (International Maritime Organization) regulations,” Echeverria said.

Echeverria warns of a worse-case scenario if the ship will flip during the salvaging process.

Dominguez directed ECPC to have a 24-hour monitoring on the condition of the ship.

SARANGANI BAY AS PROTECTED SEASCAPE

Per PAMB resolution, Bakud Reef is one of Sarangani Bay’s 11 marine protected areas. Sarangani Bay itself is a protected seascape through Proclamation no. 756.

Sarangani Province will hold its yearly Sarangani Bay Festival on May 19-21 as a tribute to the bounty of the bay and a source of livelihood among thousands of fishing communities in the province.

Sarangani Bay Festival aims to increase awareness among communities for the protection of the bay. (SARANGANI INFORMATION OFFICE)