By Pia Lee-Brago and Alexis Romero
The Philippine Star
The Philippine Star
This handout photo taken last Saturday by the Philippine military’s Western Command shows the US Navy minesweeper USS Guardian stuck in Tubbataha Reef.
MANILA, Philippines – Amid concerns over a potential environmental disaster, an assessment team from the United States Navy has arrived in Palawan to work on the extraction of a US warship that ran aground at the protected Tubbataha Reef in the Sulu Sea last week.
Lt. Commander Ralph Kris Hooper, public affairs officer of the US 7th Fleet, said yesterday that the extraction team includes engineers, divers and other essential personnel.
Hooper said the team had arrived in the area where the Navy Avenger-class USS Guardian (MCM 5) got stuck last Thursday, to survey the site and develop a plan to extract the ship with as little environmental impact as possible.
“The weather conditions are challenging but the assessment is ongoing,” Hooper said in an email to The STAR.
Latest reports said huge waves had caused the USS Guardian to move from its original position, complicating extraction efforts.
The change in the ship’s position was feared to have caused more damage to the corals.
Two special tugboats, believed to be civilian, arrived on Saturday in the area to help in the extraction of the minesweeper.
Lt. Cmdr. Gregory Favic, spokesman for the Philippine Navy (PN), said the two tugboats came from Subic and were commissioned by the US. He could not provide details as to how the ship would be extracted.
“Right now three of our ships – BRP Ismael Lomibao, BRP Rizal and BRP Mangyan – are there to provide assistance to the distressed US Navy vessel,” he said.
Favic said a team of American divers and Coast Guard personnel carrying oil spill boom equipment have also arrived in the area. He said no oil spill has been monitored so far.
Earlier, the US Navy 7th Fleet, under whose command the USS Guardian falls, said it would send an assessment team to work on the extraction of the ship.
Swift sanction after probe
The Philippine government wants the stuck US warship extricated immediately and without further damage, and sanctions for possible violation of environmental and maritime laws be enforced swiftly after an investigation.
The Department of National Defense (DND) said it is ready to cooperate with the Senate or any agency that would conduct an inquiry into the maritime accident involving the 1,300-ton, 68-meter long Guardian.
DND spokesman Peter Galvez said such investigation would help shed light on various issues, while at the same time relevant policies would be tackled.
“The department will cooperate in things that will help us resolve and clarify issues,” Galvez told The STAR yesterday.
He said security officials are ready to answer the questions of lawmakers who would look into the incident. He explained that whenever a US ship plans to make a port call in the country, the US embassy forwards a request for passage to the Department of Foreign Affairs (DFA), which would refer the request to the DND for comment.
“We will then refer it to the Navy and Air Force so they will be informed that a ship will conduct a visit. Once we get their comments, the request will go back to the DFA,” Galvez said.
He said the DFA issues the final clearance after the DND and the military recommends a favorable action on the request.
“It (Guardian visit) was cleared for port visits. It has been recommended for favorable action since it only involves routine ship replenishment. It was given clearance on our part,” Galvez said.
Hooper said a US Navy investigation to assess the circumstances surrounding the Guardian’s grounding would include information on faulty navigation chart data that might have misplaced the location of Tubbataha Reef.
“While we shouldn’t jump to any conclusions, preliminary findings of a review on Digital Nautical Charts (DNC) contain inaccurate navigation data and may have been a factor in Guardian’s grounding,” he said.
The US Navy officer gave assurance that the cause of the incident would be thoroughly investigated, although he pointed out that it would be premature to speculate about damages or liability at this time.
The USS Guardian had just completed a port call in Subic and was en route to Indonesia and Timor-Leste to participate in a training exercise when it ran aground at Tubbataha Reef, a World Heritage Sites that covers an area of 130,028 hectares.
Lt. Frederick Martin, US Navy 7th Fleet spokesman, gave assurance that the cause of the incident would be thoroughly investigated and a claim for damages would be reviewed if filed.
“It would be premature to speculate about damages and liability at this time. Should a claim for damages be filed, it will be reviewed in accordance with established procedures,” Martin said in an email to The STAR.
Explain presence of US warship
Sen. Francis Escudero demanded answers from the Armed Forces of the Philippines (AFP) on why the warship is here, and that the US government should also be held liable for all the damages it caused to the country.
“Did it have authorized access? Were we informed of its presence in our territory? Why can’t we have official word from concerned authorities about the official status of the ship in our waters?” said Escudero, chairman of the Senate committee on environment and natural resources.
The senator expressed serious concern over the matter, along with Sen. Loren Legarda, who noted a “troubling pattern of environmental assault” from the visits of US Navy ships in the country.
Legarda, chair of the Senate committee on foreign relations, wants the Presidential Commission on the Visiting Forces Agreement (VFACOM) and the Philippine Coast Guard to explain how the US ship was allowed to venture into the marine sanctuary despite the park being considered a “no navigation area.”
Escudero hinted that his committee might launch a probe to uncover possible violations of Philippine and international laws.
The Coast Guard station in Tubbataha Reef said it radioed the Guardian’s unauthorized entry and that it has caused damage to the reef.
DFA spokesman Raul Hernandez could not confirm whether the warship’s entry was authorized or not.
“The reef’s protection status has been severely violated, neglected. We are also looking at what other violations were incurred,” Escudero said.
Pay for damages, restoration costs
If Escudero will have his way, he wants the government to demand not only indemnity for damages, but also for the restoration costs.
“Reefs are grown over centuries, the extent of the damage and what it will leave cannot be quantified in any amount,” he said.
“The US government is in no position right now to act like the Big One in this matter. Our territory, our rights were violated. Therefore, we must demand excellent care when they free the ship from the reef. They already ignored the protection status of the reef once, and here they are again,” he added said.
Accept responsibility
Former senator Juan Miguel Zubiri expects the US military “to readily accept full responsibility” for the damages caused by a US Navy minesweeper.
“We are definitely counting on the US military to promptly acknowledge fault and pay all administrative fines and reparations that will be imposed by Philippine authorities,” said Zubiri, author of the 2009 law establishing the Tubbataha Reef National Park as a marine protected area.
He also called on the US Navy to apologize for dishonoring Philippine law.
Legarda and Zubiri invoked Section 19 of Republic Act 10067 or the TRNP Law, which declares the TRNP as off-limits to navigation.
Fine-tune VFA
Opposition lawmaker and Davao City Rep. Karlo Nograles has urged Congress to revisit and fine-tune the VFA in the wake of the “dangers on the environment” posed by the USS Guardian.
Nograles sought to clarify VFA’s current provisions that relate to the incident in order to prevent a repeat of the same that would endanger the country’s sovereign rights and environmental wealth.
Palawan Gov. Baham Mitra has called for a review of the policy granting access to the country’s navigational routes and sea lanes.
Mitra said the DFA should consult local government units under whose jurisdiction the territorial waters and sea lanes fall.
He believes the rehabilitation of the reef – the source of livelihood of many fishermen – is more important than the grounded ship.
The Communist Party of the Philipines (CPP) has condemned what it called the “incursion” of the US military forces into the Tubbataha Reef. – Christina Mendez, Jess Diaz
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Phl to US: Remove ship now
By Aurea Calica
The Philippine Star
The Philippine Star
MANILA, Philippines – The government wants the US Navy minesweeper stuck in the Tubbataha Reef in the Sulu Sea extricated immediately and sanctions for possible violation of environmental and maritime laws enforced swiftly after an investigation.
The warship ran aground at the marine protected Tubbataha Reef before dawn Thursday while en route to Puerto Princesa City in Palawan after refueling at the former US naval base in Subic in Zambales.
The 68-meter USS Guardian had reportedly moved deeper into coral reefs after being pushed by strong waves. Officials who declined to be named said it would be more difficult to remove the ship from the reefs in its new position.
“As we all know, that is World Heritage site that cannot be easily visited. It’s a highly protected area,” deputy presidential spokesperson Abigail Valte said over the state-run radio dzRB yesterday.
“We have to find out what the circumstances are. As I mentioned (Friday), the primary concern is extricating the ship out of the reef with minimal damage. So we have yet to see the extent (of the damage) until that (USS Guardian) is extricated and divers are able to check what will hopefully be very minimal damage,” Valte said.
The Tubbataha Reef is one of the country’s five World Heritage Sites.
Valte said the Department of Foreign Affairs would be conducting “its own investigation on how the USS Guardian ended up somewhere along the Tubbataha Reef.”
Valte said the initial report that 10 meters of corals had been damaged was just an estimate. She said the government would check the full extent of the damage and enforce the laws after recommendations from investigators.
“There are laws that we have to implement because it is a World Heritage site. We will see first what the investigation of the concerned agencies will yield and then, what their recommendations will be. And then, we move forward with the guidance of what the law provides,” Valte said.
The government imposes a fine of about $300 per square meter (yard) of damaged coral. In 2005, the environmental group Greenpeace was fined almost $7,000 after its flagship struck a reef in the same area.
In a statement, Palawan Gov. Baham Mitra said the country’s strict environmental laws should apply even to allies like the US.
“The US is our ally but the strict law on environmental protection should be applied equally to all,” he said. “We hope that henceforth, no additional damage will be done to the reefs and for the US to take the ship out the soonest to end the disturbance and the marine life can return to normal.”
‘American territory’
Tubbataha Park Superintendent Angelique Songco voiced her dismay at the US Navy’s being able to send ships to the marine protected area.
“Why the Americans managed to create their own territory within Tubbataha Reef which is in Philippine waters, and even declared it off limits to Philippine authorities,” she said in a report to the Department of Environment and Natural Resources (DENR) central office and to the Office of Palawan governor.
“Marine park rangers reported that they called USS Guardian through radio, introduced themselves as law enforcers, informed them of their violations and that they will board the vessel.
“Before reaching the vessel, however, the rangers saw soldiers on board the ship taking position with their weapons. Radio contact was unanswered. The boarding protocol was therefore not conducted,” she said.
“Though communication is now improving between all the parties concerned, we hope that this issue can be seriously looked into as we maintain that the marine park rangers from the beginning should have been recognized since they were the ones immediately present in the area when the incident occurred,” she stressed.
She also pointed out current maps of the National
Mapping Resource and Information Authority indicate that the park is a “no navigation” area. “With all its modern navigational equipment, it boggles the mind how USS Guardian ended up on the reef,” she said.
She said “their rangers discovered the vessel only through radar as the crew did not communicate their presence to the park staff.”
Director Mundita Lim of the DENR’s Protected Areas and Wildlife Bureau (PAWB) expressed fears that delay in the removal of the vessel could cause further damage to the reef.
Lim likewise said that the PASu’s report noted, “the bad weather, big waves have been pushing the ship further to the ground thus, causing more damage to the corals and affecting other marine species in the area.”
“We hope that the vessel can be removed as soon as possible with the least damage to the coral reefs,” Lim stressed.
She said talks are now ongoing among concerned officials as to how to remove the ship from the site.
“Definitely, there will be physical difficulty but we hope that given the modern technology, some fine strategy can be adopted so the vessel can be pulled out with care as soon as possible,” Lim added.
The PAWB chief likewise said that once the area is cleared of the ship, they can already come up with an accurate amount of fines to be imposed on the US Navy.
Tubbataha covers an area of 130,028 hectares.
The World Wide Fund for Nature (WWF)-Philippines, for its part, is calling on the US Navy to coordinate directly with the government’s Tubbataha Management Office in its operations to remove the ship.
“The extent of the damage to the reef must be determined. Furthermore, the swift, safe and proper extrication of the vessel, should cause no further damage to the park. This must be done without delay,” the group said.
“As we face a climate defined future, and less predictable seas, there is the urgent need to declare Tubbataha Reef a Particularly Sensitive Area so that there is strict control of international maritime activities in its waters,” the group said in a statement posted in its website.
“This (Tubbataha Reefs) is not merely a tourism site. The issue here is food. The provinces that ring Sulu Sea are at risk,” it said.
Sen. Loren Legarda, for her part, aired her concern over what she called a “troubling pattern of environmental assault” by American owned or contracted vessels on Philippine territorial waters.
“Our Visiting Forces Agreement (VFA) and other treaties with the United States government is not a free pass so US ships and military personnel can do as they wish in our country, including the destruction of the environment and protected sites in our country,” Legarda said.
Legarda, the chairperson of the Legislative Oversight Committee on the VFA (LOVFA) said that the VFACOM and the Philippine Coast Guard should immediately explain how the USS Guardian was allowed to venture into the Tubbataha Reef.
“The VFACOM is tasked to monitor, in coordination with appropriate government agencies and NGOs, the activities of foreign military and civilian personnel. What kind of coordination was carried out when officials on board the USS Guardian refused to respond to the radio calls made by Philippine authorities who were investigating their presence in our protected area?” Legarda said.
“This incident behooves me to ask if our so-called military allies are even aware of the laws that they have to respect and observe while they are in our country,” Legarda said. – With Rhodina Villanueva, Marvin Sy
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