US refuses to pay P58-M reef fine

From the Manila Times (Apr 21): US refuses to pay P58-M reef fine

THE United States government has refused to pay cash to the Philippines as payment for damages caused by the grounding of the minesweeper USS Guardian at Tubbataha Reef, a Unesco World Heritage site.

According to highly-placed government sources, the US wants to pay in “kind”, offering to give an aircraft used during the war in Afghanistan.

“They [US Navy] insisted that they not pay a single penny but offered an airplane they used during the Afghan campaign instead. They said the aircraft can be used to boost security patrols around the reef,” one source confided to The Manila Times.

The official, who holds a sensitive position in the Philippine government, was present during a previous meeting between US officials and their Philippine counterparts in Puerto Princesa City in Palawan province.

The source added that local officials present during the meeting frowned upon hearing the US officials’ position, saying the Philippine government would be shortchanged if such an offer was accepted.

“If we are to accept the airplane, who’s going to the do the repairs? The maintenance? Chances are we would be paying the US Navy for the job. Doesn’t it sound awkward?” the source pointed out.

The Philippines, through the Tubbataha Management Office, has asked the US Navy to pay a fine of P58 million ($1.4 million) for damaging at least 2,300 square meters of the Tubbataha Reef. The Guardian got stuck on the reef in January. The vessel had to be removed from the reef piece by piece. Salvage work was completed on March 30. The salvage operation had cost the US Navy almost $25 million or about P1.2 billion.

The Manila Times tried to verify the information with Tubbataha Reefs Park Superintendent Angelique Songco but her cellphone was off during the weekend.

Republic Act 10067, or the Tubbataha Reefs Natural Park Act of 2009, slaps a fine of $300 or at least P12,000 per square meter of damaged reef. Besides this, another $300 per square meter would be used for rehabilitation efforts.

The Tubbataha management earlier said it will serve the US Navy a formal notice of violations.

US Ambassador to the Philippines Harry Thomas apologized for the incident in behalf of his government. He admitted that the reef “will take years to repair.”

Recently, the US Navy fired four officers of the USS Guardian after investigations revealed that they failed to “adhere to standard US Navy navigation procedures” when the incident occurred.

In an earlier statement, Songco said the $1.4 million fine “is but a slap on the wrist” if compared to the cost of the salvage operation.

“However, we respect the Rule of Law and these are the fines stipulated. The Tubbataha Management Office will not ask for anything more,” she added.

International concern

Meanwhile, officials of the oldest international federation of divers involved in underwater sports and sciences have expressed concern over the Tubbataha incident.

Some 200 members of the group Confédération Mondiale des Activités Subaquatiques (CMAS) or the World Underwater Federation are presently in the country for their annual general assembly and election of new officers. They represent around 120 countries worldwide.

German Rainer Gottwald, a member of CMAS, said he was aware of the “aircraft offer” as payment for the damage wrought by the USS Guardian on Tubbataha.

Gottwald said he finds it absurd that the US Navy “could do just what they want to do.” He described the offer as a “cheat,” noting the extent of the damage to the reef.

Unbelievable

For his part, Nobel Prize candidate Dr. Ralph Schill, a marine scientist who is president of the organization’s scientific committee, said the fine that should be paid by the US Navy should be used by the Philippine government in intensifying patrols around Tubbataha.

Schill, an official of the German Underwater Federation, said it would take about a decade for the damaged corrals to grow again. He also lamented the recent accident in Tubbataha involving a Chinese fishing vessel that got stuck on another portion of the reef just days after the complete removal of the US minesweeper.

“It is unbelievable how these two accidents have happened. The money should be used to ensure that no such thing would happen again in the future. Nature will repair itself and it will take time. The most important lesson that should be learned from this experience is for an increased protection of the area,” Schill pointed out.

Russian Anna Arzhanova, the newly-elected president of CMAS, said her group is willing to help in whatever way to protect and develop not only the damaged reef but other similar sites in the country as well.

Like Dr. Schill, Arzhanova said the government should invest heavily on added protection for the Tubbataha national park by extending its security perimeter.

“There must also be a stricter monitoring of ships passing by. They should not come any closer to the reef. Patrols must be tight,” the CMAS president stressed.

CMAS is recognized by the UNESCO and the International Olympic Committee. Besides international underwater sports, it is also active in promoting the protection of underwater heritage sites all over the world.

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