Malaysian vessels accountable for polluting Sarangani Bay

By BEVERLY C. PAOYON GLAN, Sarangani (June 2, 2012) – The Sarangani Bay Protected Seascape-Protected Area Management Board (SBPS-PAMB) on Friday (June 1) passed a resolution to initiate legal action against the owners and crew of two Malaysian vessels for violation of environment and fishery laws. Atty. Arnel Zapatos, provincial legal officer, said the TB Oceania 1 (tug boat) and DB Oceania 2 (deck cargo barge) were in “violation of the NIPAS law, Fishery Code and Clean Water Act” when their crew jettisoned waste into Sarangani Bay. The actual dumping of dark-colored waste from the barge was photographed at 4pm on May 26 by Martin Bernad Jr. of Sarangani Information Office which forwarded the pictures to higher authorities. This prompted the Philippine Coast Guard (PCG) to take custody of the vessels. During the SBPS-PAMB meeting, Governor Migs Dominguez challenged SBPS-PAMB to become a body that has real enforcement and police powers. “Whether large or small,” the governor said, “I have always been advocating that we must throw the book all the time and not fear filing cases.” “Many incidents like this happened unreported whether in the bay or in the seascape. It is only very fortunate for us because we were able to document it by photographs. That’s why we were able to respond quickly,” Dominguez said. Another resolution passed by SBPS-PAMB authorized Mayor Victor James Yap “to deal with ship agents to talk about possible administrative penalty,” Zapatos said. “(The) ship owners and captain admitted that they threw waste to Sarangani Bay,” Zapatos added. The SBPS-PAMB found out the Malaysian vessels illegally anchored and dumped pollutants 300 meters off the coast of barangay Kapatan, close to a beach resort. Mayor Yap was set to file an administrative case against the owner, crew and local agent of TB Oceania 1 and DB Oceania 2 before the provincial prosecutor’s office on Monday (June 3) while SBPS-PAMB was still contemplating whether or not to file a separate criminal case. TB Oceania 1 and DB Oceania 2 reportedly docked in Kapatan at around 5am Saturday (May 26) and allegedly flushed coal debris starting 4pm the same day in the municipal waters which is part of the 215,000-hectare Sarangani Bay Protected Seascape. The vessels are owned by Woodman Miri Sarawak from Malaysia. Acting station commander LCDR Rejard Marfe of the PCG in General Santos City said the vessels had unloaded their coal cargo in Manila and were set to load scrap metals at General Santos City seaport as consigned by Cebu Metal before going back to Malaysia. The cargo, however, would be available only on June 2 thus the illegal anchorage in Kapatan as instructed by their local agent under Seadove Maritime Agency. Marfe said the local agent only filed the notice of arrival midday of Tuesday (May 29) which was supposedly three days before their arrival. He said the vessels might have just docked away from the seaport to avoid the docking fee they would be paying to the Philippine Ports Authority from accumulating while waiting for their cargo. The PCG issued the apprehension report around 1pm on Tuesday and, together with Bureau of Customs, Bureau of Immigration and Deportation, Philippine Navy, and Maritime Police held the vessels in custody at the International Port of Glan. Zapatos said that “as of this time (June 1) there was no arrest. This is only actually administrative custody by the PCG, Immigration and the Bureau of Customs.” Before the vessels were held in custody at Glan port, Yap interrogated the TB Oceania 1 captain on the alleged dumping of coal wastes. “It was immediately admitted by the captain,” Yap said. Zapatos said “there were actually acts done and committed basically as evidenced by the dumping of waste materials which was proven during the investigation and as proven by our witnesses.” Zapatos cited the National Integrated Protected Area System (NIPAS) Act, the Philippine Fisheries Code and the Clean Water Act (RA 9275) as having been violated by TB Oceania 1 and DB Oceania 2 on the premise that Sarangani seascape is a protected area and where laws prohibit the dumping of waste materials and pollutants. Presidential Proclamation No. 756 declared the Sarangani Bay Protected Seascape (SBPS) pursuant to the NIPAS Act of 1992 where its Revised Implementing Rules and Regulations (DAO 2008-26) supports the protection and conservation of the coastal and marine resources for the benefit and enjoyment of the people. A team from the Provincial Environment of Natural Resources office conducted underwater assessment on May 30 and found no traces of damage on the corals and no debris of coal were likewise noted. Zapatos however pointed out that the three laws he cited were considered under “jurisprudence as mala prohibita, meaning by the mere act of doing it, hindi po kailangan ang damage nito” for a case to be filed. Residents of barangay Kapatan also reported the waste dumping incident. Zapatos told Yap “it actually shows na maganda na ‘yung naumpisan ninyo na awareness perhaps and the concern to protect the environment.” The owner of nearby BelMar Eco Park Resort, Marcelino Tangaro, was among the witnesses. He said when they saw three men dumping the wastes they shouted at them that it was prohibited. Tangaro said they eventually got near the barge so they would be understood by the foreign crew mostly coming from Malaysia, Myanmar and Indonesia. Last year, Sarangani was able to get compensation from the owners of MV Double Prosperity which destroyed four hectares of corals when it ran aground Bacud Reef in Kiamba. The total compensation package of P20 million constituted the P10 million representing the actual valuation of experts for the actual damage, and additional P10 million allotted for the rehabilitation of the damaged reef. The Panamanian-registered MV Double Prosperity ran aground at Bacud Reef on May 8, 2011 while passing the Sarangani strait enroute to India from Australia. For more news and updates, please visit the Province of Sarangani . (Beverly C. Paoyon/SARANGANI INFORMATION OFFICE)