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  Underwater Times 14 Jan 07
Environmentalists: Chinese Poaching in the Philippines 'Organized Crime'; Pressure from Envoy's Letter
by Inday Espina-Varona

WWF 5 Jan 07
Ocean's 30: Poachers arrested in Philippine marine park

Underwatertimes 2 Jan 07
Chinese Poachers Charged, Jailed in the Philippines Over Wrasse Poaching in Marine Park

Underwatertimes 26 Dec 06
Chinese Poachers Caught at Philippines Marine Park Now Center of Scandal, International Incident
by Yvette Lee and Inday Espina-Varona

Manila, The Philippines (Dec 26, 2006 16:07 EST) They got caught red-handed with 800 live fish, including 300 of the endangered Mameng (Napoleon Wrasse), but 30 Chinese poachers apprehended on December 21 by rangers at the Tubbataha protected marine park may yet get to walk if the Chinese government has its way.

Chinese diplomats have reportedly demanded the release of the crew, according to sources at the Department of Foreign Affairs. The Chinese, the sources said, even want the Navy to escort the 300-gross ton Ho Wan out of the area.

Yet the case is fast shaping up as more than just a simple poaching incident. For one, rangers are irked by the slow response of the Philippine Navy to their request for an escort.

The Department of Foreign Affairs (DFA) has also apparently shown partiality for the poachers. The crew, apprehended barely 1.5-kilometer away from the ranger station, also claimed to have permits from the Maritime Authority and the Bureau of Customs, although the Ho Wan carries a Chinese flag and an all-Chinese crew.

A man by the name of Nixon Edora, operations manager of South Pacific Inter-marketing Corp., has contacted the Tubbataha Management Office, claiming his company alleges the vessel and has the required Bureau of Fisheries and Aquatic Resources (BFAR) permits.

Suspicious papers

Angelique Songco, Tubbataha Management Office head, said a review of documents showed the crew did not have any permit.

She said rangers spotted the Ho Wan entering the protected Tubbataha zone about 2:30 on December 21. They approached the vessel to warn that it had encroached on a protected area and became suspicious when it sped off.

After a chase of 20 to 30 minutes and the firing of warning shots, they cornered the vessel and escorted it to the ranger station's mooring bureau. Rangers found 11 sampans, built in tanks with fishes and many compressor equipment.

The fish workers claimed the caught the fish in Tawi-Tawi, where they got the BFAR permit. BFAR director Malcolm Sarmento said this was not possible, as the agency has no person in the Tawi-Tawi area to authorize fishing.

Sarmento also stressed that no government agency could issue a permit to fish the Mameng as this was on the list of protected species.

Agriculture Secretary Arthur Yap, whose department is in charge of BFAR, told The Manila Times his office is coordinating with park management and World Wildlife Fund-Philippines chief executive officer, Lory Tan.

Tan and Songco said the Tubbataha Park office immediately sought the assistance of the Philippine Navy and Wescom (Western Command) to tow the vessel to Puerto Princesa for confiscation of the illegal cargo, and processing for arraignment of the crew.

The Wescom, headed by Vice Admiral Danga, ignored the request, saying none of several Navy vessels in Palawan were available. "For three days now, the Western Command and the Philippine Navy have taken no positive action," Songco said in a report faxed to Ezzedin Tago, DFA special assistant, and furnished The Times.

Commander Jody Bacardo, information chief of the Philippine Navy, told The Times in a telephone interview that Navy personnel form part of the Tubbataha ranger station. He confirmed a request for a Navy ship to tow the Ho Wan to Puerto Princesa but said their lone vessel in the area was on a security mission in Western Palawan.

Bacardo said he expects the Navy vessel to arrive in Tubbataha on the 26th or 27th of the month.

Ties that bind

The Chinese government apparently had better resources because a consul had reportedly seen. An officer from the Chinese Embassy suddenly arrived in Puerto Princesa within 24 hours of the report.

An official of the DFA also reportedly called Puerto Princesa to defend the Chinese, calling the arrest irregular as the vessel was merely passing through Philippine waters.

Songco said if the Navy still fails to send an escort, they are considering having some of the rangers themselves board the vessel and instruct the Chinese captain to sail for Puerto Princesa. Rep.

Tony Alvarez, under whose district covers the Tubbataha marine park, has been trying to facilitate the delivery of fuel for one of the Navy boats presently in Puerto Princesa.

When asked if it was true that the DFA was in favor of releasing the boat due to diplomatic ties, he replied "the DFA should use precisely those 'ties' to impress on these foreign nationals that we take the protection of our environment seriously here in Palawan, and that we will prosecute to the fullest extent of the law those who violate them."

Tan said that did not lessen the gravity of the crime.

The Mameng is listed under Appendix 2 of the Convention for the International Trade of Endangered Species (CITES), Tan noted in an e-mail message. "The Philippines has made international commitments to abide by CITES rules. In other words, mere possession of this type of fish, without proper official permits from the Bureau of Fisheries and Aquatic Resources, is a crime," he said.

Customs officials also told The Times that mere possession of the Mameng carries a fine of P120,000 and a prison term between 12 and 20 years.

The Chinese vessel reportedly carried only Marina papers, showing that it entered Philippine waters via Bonggao, in Tawi Tawi.

There is no BFAR officer in Bonggao that is authorized to give permission for harvesting live Napoleon wrasse, said Malcolm Sarmento, BFAR director. It is not cultivated for legal live sale anywhere in the country, he stressed.

Sarmento on Sunday told The Times he had ordered a BFAR boat to get the seized fish but ran into fuel problems.

He told The Times in a text message the Mameng had been ordered freed back into the sea after photographic evidence have been taken by the rangers.

In Hong Kong, a kilo of Mameng can sell for as much as $200 a kilo.

The Tubbataha Reefs is the only Unesco World Heritage Site in Asia that is marine in nature. It is known as the top dive destination in the Philippines and hundreds of divers visit the park every year, paying heavy access fees that are used to patrol the park boundaries.

President Arroyo, a certified diver who has visited the park, through an Executive Order just signed a few months ago, extended the parks boundaries, originally at 33,2000 hectares to over 99,000 hectares.

The area is described by marine scientists as a spawning and grow-out sanctuary for corals and fishes whose eggs are carried by oceanic currents to replenish over fished coastal reefs, not only in Palawan and the Visayan islands, but as far south as Malaysia and Indonesia.

source: www.manilatimes.net

Underwatertimes 2 Jan 07
Chinese Poachers Charged, Jailed in the Philippines Over Wrasse Poaching in Marine Park

Puerto Princesa, The Philippines (Jan 2, 2007 18:39 EST) Rangers of a world-renowned marine park won a victory on Monday when 30 Chinese fishermen were apprehended for poaching protected fish species and were brought to the provincial jail in Puerto Princesa.

Angelique Songco of the Tubbataha Park Management Office, a government agency handling the 33,000-hectare preserve, said the fishermen reached jail about 2:30 p.m. Monday, 10 days after their vessel, the Hoi Wan, tried to evade the rangers. The fishermen carried only one bottle of mineral water each.

Their lawyer, Songco said, announced intentions to post bail when courts open on Tuesday. Songco said Judge Perfecto Pe boarded the Hoi Wan about 9:30 a.m. to personally see conditions on the vessel before signing the commitment order for the Chinese crew.

The judge's order followed a resolution filed December 31 by fiscal Regidor Tulale and recommended by assistant provincial prosecutor Julius Concepcion. The fishermen were charged for violations of the Fisheries Code, specifically Section 87 (Poaching in Philippine Waters) Section 97 (Fishing or taking of rare, threatened or endangered species), Section 100 (Importation or Exportation of Fish of Protected Species). Prosecutors also filed cases for the violation of the National Integrated Protected Areas System Act, and violation of the Wildlife Act (possession of wildlife, their products and derivatives).

Inquest proceedings were conducted, Songco said.

However, the Chinese nationals refused to cooperate, insisting the reglementary period for the filing of cases had lapsed. The prosecutor with the inquest after confirming the delay in the transport of the suspects from Tubbataha Reefs National Park to Puerto Princesa was due to insuperable cause. Also charged was the operations officer of South Pacific Intermarketing Corp., who earlier claimed responsibility for managing the Chinese flag vessel.

Songco said members of the Palawan Committee on Illegal Entrants conducted on December 31 a joint inventory on the Hoi Wan. The joint inventory team was composed of representatives from the Bureau of Customs, Bureau of Immigration, BFAR, Naval Forces West, NICA, the Provincial Police, Philippine Coast Guard, the Tubbataha Protected Area Management Board, the Palawan Council on Sustainable Development and the PNP Maritime.

Found onboard the vessel were various fishing paraphernalia, live fishes, including adult and juvenile Napoleon Wrasses, groupers and snappers. Efforts to tow the Hoi Wan to Puerto Princesa were delayed because no Navy vessel was available before Christmas.

On December 26, the Bureau of Fisheries and Aquatic Resources dispatched a patrol boat to escort the Hoi Wan but rough seas and engine problems forced the government vessel to return to port. The Philippine Navy finally dispatched its patrol ship to the park on December 28. Due to rough sea conditions, the nine-hour trip took longer than usual, Songco said. The fishers finally arrived in Puerto Princesa about 8 p.m. on December 29.

WWF 5 Jan 07
Ocean's 30: Poachers arrested in Philippine marine park

Manila, the Philippines: A fishing vessel carrying tonnes of illegally caught fish was seized by Filipino officials off the waters of the strictly protected Tubbataha Reef National Marine Park in the Sulu Sea.

After giving chase, the vessel, with 30 Chinese fishermen on board, was stopped and brought to port. Tonnes of high-value fish, including live grouper, red snapper and 1,200 endangered Napoleon wrasse (also known as humphead wrasse) were discovered in the vessel's hold.

The collection, possession, transport or trade of this wrasse is illegal under Philippine law: the possession of a single fish can carry a fine of US$2,400 as well as a prison term of between 12 and 20 years.

The species is also listed under Appendix II of the Convention for the International Trade of Endangered Species (CITES), which means that international trade is regulated.

WWF-Philippines is calling for immediate action to be taken against the poachers.

"In a country such as the Philippines where 90 per cent of our fish stocks are gone, and where half the population depends on seafood as their primary source of protein, illegal fishing can be catastrophic," says WWF-Philippines CEO Lory Tan.

"How many continue to buy or catch fish illegally and destructively, snatching both food and the future away from our children? How long will it take to replace the marine life until our fisheries become productive again?"

Tubbataha's reefs form the core of the Sulu-Sulawesi Marine Ecoregion, hailed as one of the world's most productive ecosystems that generate more than two percent of the planet's fish stocks and feed 35 million people yearly.

According to WWF, illegal, unreported and unregulated fishing is a global problem. It occurs in virtually all fisheries, and is thought to account for up to 30 per cent of total catches in some important fisheries.

It can also lead to their total collapse.

"The poachers are not just decimating valuable fish populations," adds Dr Simon Cripps, Director of WWF's Global Marine Programme, "they are also killing tens of thousands of marine animals as bycatch and destroying delicate habitats through their unregulated use of damaging, and sometimes illegal fishing practices".

The crew of the Chinese vessel detained in the Philippines is currently facing a host of charges, from illegal entry into Tubbataha to violation of both the Philippines' Fisheries Code and Wildlife Act.

According to WWF, this is not the first time Chinese fishermen intruded into Tubbataha's rich waters. In Palawan alone, almost 600 Chinese have been arrested for illegal fishing over the last nine years. Some vessels were apprehended repeatedly. Many more were never caught.

"If the Chinese want to buy our fish, they must follow our laws," says Tan. "They cannot simply come here and harvest what little we have left. Rather than poach our fish, they should help us invest in new spawning technology and support serious conservation."

END NOTES:

Tubbataha is a reef ecosystem made up of two atolls located in the middle of the Sulu Sea. The reefs lie on the Cagayan Ridge, a line of extinct underwater volcanoes which starts from the north at the Sultana Shoal and ends in the south at the San Miguel Islands. It is located 92 nautical miles south-east of Puerto Princesa City, Palawan and 80 nautical miles southwest of Cagayancillo, the municipality that exercises political jurisdiction over it. It was proclaimed as a National Marine Park on August 11, 1988 and inscribed as a UNESCO World Heritage in 1993, in recognition of its outstanding universal value in terms of marine life species diversity and richness.

Underwater Times 14 Jan 07
Environmentalists: Chinese Poaching in the Philippines 'Organized Crime'; Pressure from Envoy's Letter
by Inday Espina-Varona

The Philippines (Jan 14, 2007 15:11 EST) China, host of the 1998 Olympics, has launched a campaign to highlight its 'Green' side but Philippine environmentalists and government officials say poaching activities of its nationals veer toward 'organized crime'.

"In Palawan, Tawi-Tawi, Jolo and Basilan, there are Chinese 'tourists' spending time in fishing villages, befriending locals and placing orders for endangered aquatic and land animals," according to Lory Tan, World Wildlife Fund-Philippines executive director.

In between scouting for friendly locals to the actual trapping of wildlife and smuggling these out of the country, are several steps that require an intricate arrangement of 'top to bottom' bribes, Tan told The Manila Times after a meeting of high-powered environmentalists and their legal advisers.

Friday's meeting discussed the drafting of a legal protocol on wildlife protection but both private and public sector representatives complained about what a senator dubbed as 'executive interference' in legal suits against poachers.

The watchdogs also claimed that China's diplomatic muscle stymies local communities' efforts against poaching.

'Impunity'

Gerthie Anda, a lawyer for the state-created Tubbataha Management Office (TMO) in Palawan, said rangers across the country arrested close to 600 Chinese nationals for poaching in the last nine years.

Only one case, the December 2005 arrest of 17 coachers caught with 54 marine turtles, led to a conviction.

The crime of trafficking in endangered species carries a 12- to 20-year jail sentence. But by the first semester of 2006, Anda said, President Arroyo signed a pardon for the Chinese nationals.

Angelique Songco, head of the TMO, said that in several cases Department of Justice officials in the national capital relieved local prosecutors, replacing them with Manila-based fiscals or ordered a reversal of findings.

In at least one case, Anda said, a judge halted proceedings mid-trial to allow a plea bargain by the suspects. "It's the trend; they'll bargain down to the least serious and crime, often with advice by government officials," Anda noted.

Tan said the WWF network and officials of allied environmental groups have already reported the presence of Chinese 'buyers' in fishing villages dotting the country's rugged coastline.

"I hate to use the phrase 'government collusion' so I'm going to say it's organized crime because of the element of conspiracy between the Chinese buyers of these species, their local managers and some members of state departments," Tan said.

A senior National Bureau of Investigation (NBI) official who attended the meeting confirmed Tan's claim, warning that poachers' 'impunity' could encourage involvement in other dangerous forms of smuggling.

"If they can carry fishes and other animals, they can carry drugs or even arms," the NBI official warned. The Philippines has a serious problem with narcotics and terrorism and the provinces cited by Tan are among the weakest links in the government's law and order campaign.

Lawyer Tony Oposa, head of the Integrated Bar of the Philippines environment task force and a deputized environmental prosecutor, said the draft protocol aims to 'plug all loopholes' that colluding officials use to let poachers go free.

It would give environmentalists, prosecutors and judges training in the handing of evidence and the charges to use against poachers.

Hoi Wan case

But even honest law enforcers, the NBI official said, often run into official interference. The case of the Hoi Wan illustrates the problems faced by environmentalists.

Lawyers and local government officials are trying to persuade Manila to prevent 30 Chinese poachers from leaving the country following their release on bail.

Rangers of the Tubbataha Reef Marine Park intercepted their vessel, the Hoi Wan, on December 21 for illegal entry into protected area and world heritage site. On boarding, they discovered more than 2,000 fishes, including 350 juvenile Napoleon Wrasses, an endangered species. They also found compressor equipment, wet suits and 10 sampans, indicating a sophisticated operation.

Palawan Gov. Joel Reyes and Reps. Abraham Mitra and Antonio Alvarez have requested hold orders for the Hoi Wan's crew, who face several criminal charges, but have yet to receive a response from the justice department.

It took 10 days before the Philippine Navy answered appeals by the TMO for an escort vessel. Songco said officials of the Bureau of Fisheries and Aquaculture Resources had already boarded a Navy vessel when they were ordered off when higher-ups ordered crew to proceed to Northern Palawan.

Navy officials claimed there was an urgent security situation in the area but this report did not pan out. It took appeals from the Palawan governor and congressmen, and days of negotiations between the Palawan officials and Manila, and between Tan and the agriculture and foreign affairs departments, to prod Armed Forces headquarters into issuing an escort order.

Envoy's letter

On Friday, sources from the DFA provided The Manila Times with a copy of the Chinese ambassador's letter to Foreign Affairs Secretary Alberto Romulo that could explain the reluctance to bring the Hoi Wan back to Puerto Princesa.

The December 28 letter urged Romulo to 'pay personal attention' to the case, warning that it could jeopardize the attendance of Premier Wen Jiabao in this week's summit of Southeast Asian nations and their East Asian partners.

Ambassador Li Jinjun linked the case to a Philippine-China fishery cooperation agreement and the country's relations with Hong Kong, where tens of thousands of Filipinos work as domestic help.

The envoy said the embassy was in close contact with the Department of Agriculture and the AFP Western Command. Agriculture Secretary Arthur Yap, the ambassador claimed, had promised "to resolve the issue as soon as possible" if the fishes were released.

He urged Romulo to agree to the release of crew and their vessel before it was escorted to Puerto Princesa.

"In that case, we are afraid that it may make the situation more complicated and delay the early resolution." source: http://www.manilatimes.net/
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