Enforcing our Laws in a Special Seascape

Tañon Strait is a migratory pathway of half of the entire species of whales and dolphins in the country.

Aside from being their breeding, nursery, feeding and resting grounds, it’s also a rich fishing area for our fisherfolk, the home of a wide variety and density of fish and other  marine resources such as dalupapa or giant squid. It’s likewise a popular dive spots and eco-tourism projects.

Last year’s meeting of its Protected Area Management Board (PAMB) was a historical event. It was the first by the policy-making body, almost 17 years after its proclamation as a protected seascape, by then president Fidel V. Ramos.

Convening a management body over the biggest marine protected area in the country, that spans two regions (Region 7 and 18), three provinces (Cebu, Negros Oriental and Negros Occidental), 42 towns and cities, 298 barangays, 345 local chief executives, members of the national government agencies and civil society was considered an unachievable task.

When the controversial offshore drilling for oil was allowed in Tañon Strait by the Arroyo administration with the approval of then Cebu governor Gwendolyn Garcia and two local government units in Cebu, there was no functional PAMB that existed, nor was there a general management plan as a roadmap to protect and conserve this unique natural heritage.

Thus, the protected seascape was for decades besieged by challenges such as illegal fishing, unabated pollution, unregulated development and insufficient enforcement of our fisheries and environmental laws.

The southern section of Tañon Strait is considered as “a very heavily exploited fishing ground with more than 70 fishers per kilometer” (Green et al, 2004). In a country where 10 of 13 key fishing grounds are considered overfished, that certainly calls for urgent intervention to sustainably manage our fisheries.

Small fisherfolk complained of a declining catch and of course, disposable income. “D(d)destructive fishing, illegal fishing and pollution jeopardize the food security of the thousands of people living along its shores”(Love Letter to Tañon Strait, Oceana, 2015).

But, the impossible became a reality – in February, 2015 with the meeting of the PAMB, as a result of the political will exercised by the Department of Environment and Natural Resources, in collaboration with the Bureau of Fisheries and Aquatic Resources, the Department of Interior and Local Government, the Cebu provincial government and non-government organizations Oceana, Rare and Phil. Earth Justice Center. The General Management Plan, a product of several public consultations was approved, subject to further enhancement.

It has since been expanded to a 10-year plan with more specific provisions that also include a management program, habitat and resource management, research, monitoring and data base management, law enforcement, information, education, advocacy and capacity building, management zones, sustainable financing, climate response, among other features.

The Executive Committee has likewise taken on the task of obtaining the list of industries along the coasts of Tañon Strait. Hopefully, the local government units and the DENR will work together to compile the inventory and strictly monitor the industry players’ compliance to our environmental laws, especially as they are in a protected seascape.

After the memorable assembly, enforcement became a priority. The DENR and BFAR joined forces with the local government units and the police in  patrolling the municipal waters.

This not only  resulted in the apprehension of illegal commercial fishing vessels and the filing of cases against 60 persons, this exemplary display of inter-agency collaboration gave huge hope to the small fisherfolk and the coastal residents, many of whom have almost given up hope of seeing serious enforcement happening in their lifetime, to the eventual restoration of the abundance of the fisheries in the protected seascape.

The patrolling activities have deterred illegal fishing in the protected area to a considerable extent.

Likewise, the Coastal Law Enforcement Alliance in Region 7 has been re-invigorated with the members and partners committing to conduct joint campaigns to stop illegal commercial fishing, dynamite fishing and waste pollution in Tañon Strait and other areas in the region.

With the enactment  and implementation of the stronger Fisheries Code as amended by RA 10654,  the  designation of special prosecutors for protected areas by the Department of Justice and the much-applauded move of the Ombudsman to investigate 600 local government officials in 50 LGUs for their non-compliance of the solid waste management law, then, it is not impossible that the Environmental Rule of Law will someday become a reality in our country.

My favorite definition of “environmental rule of law” is that coined by Elizabeth Barrett Ristroph which is “(1) there is a system of laws in place that regulate, to the extent practicable, all human-induced actions that by themselves or collectively have significant impacts on the environment; (2) these laws will be consistently applied over time and across the jurisdiction; and (3) effective and fair enforcement action, initiated by a government entity or citizen suit/complaint, will be taken against one who breaks the law, regardless of the offender’s socioeconomic or political status.”

What is essential is a determined pursuit by both government and citizens working together to implement our long-languishing environmental laws, backed by strong action, regardless of position, age, and status.

Kudos to our dedicated enforcers in Tañon Strait. You have indeed shown that with effective coordination and strong leadership, both the bounty of our oceans and the much-needed trust of our people can  be slowly but surely restored.