Monday, March 3, 2008
RESEARCH ON THE IMPACT OF OIL EXPLORATION TO FISH CATCH VOLUME OF FISHERFOLKS IN PINAMUNGAJAN AND ALOGUINSAN
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Loren Legarda's Senate Resolution 278 - DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN
FOURTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
PSR No. _278
~ ~
Introduced by Senator Loren Legarda
A RESOLUTION
DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN
INQUIRY, IN AID OF LEGISLATION, INTO THE ALLEGED ADVERSE EFFECTS
OF THE OIL EXPLORATION AND DRILLING IN THE TANON STRAIT THAT
MAY RESULT IN THE LOSSES OF SOURCES OF LIVELIHOOD OF
THE SAID AREA WITH THE END IN VIEW OF DEVISING MEASURES TO
FISHERFOLKS AS WELL AS THE IMMINENT COLLAPSE OF ECO-TOURISM IN
Whereas, Section 16, Article I1 of the 1987 Constitution of the Republic of the *
Philippines declares that the State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature;
Whereas, Section 7, Article XI11 states that the State shall protect the rights of
subsistence fishermen, especially of local communities, to the preferential use of the
communal marine and fishing resources, both inland and offshore. It shall provide
support to such fishermen through appropriate technology and research, adequate
financial, production, and marketing assistance, and other services. The State shall also
protect, develop, and conserve such resources;
Whereas, Section 16 from the same Article bestows the right of the people and
their organizations to effective and reasonable participation at all levels of social,
political, and economic decision-making shall not be abridged. The State shall, by law,
facilitate the establishment of adequate consultation mechanisms;
Whereas, the Philippines was a signing party in the Convention on Biological
Diversity adopted in Rio de Janeiro in June 1992, thereby compelling the country to
promote the protection of ecosystems, natural habitats and the maintenance of viable
populations of species in natural surroundings;
Whereas, the same treaty recognized that it is vital, to anticipate, prevent and
attack the causes of significant reduction or loss of biological diversity at source;
Whereas, the same treaty also noted that where there is a threat of significant
reduction or loss of biological diversity, lack of full scientific certainty should not be
used as a reason for postponing measures to avoid or minimize such a threat;
Whereas, the same treaty bestows the signing party the task to promote, on the
basis of reciprocity, notification, exchange of information and consultation on activities
under their jurisdiction or control which are likely to significantly affect adversely the
biological diversity of other States or areas beyond the limits of national jurisdiction, by
encouraging the conclusion of bilateral, regional or multilateral arrangements, as
appropriate;
Whereas, Tanon Strait straddles the islands of Negros and Cebu and is a distinct
habitat of the chambered nautilus (local name, tuklong), a migration route of Whale
Sharks, and home to at least nine species of cetaceans;
Whereas, the Strait houses a relatively high marine biodiversity with the
northern portion known for its cetacean populations, thus whale and dolphin-watching
(eco-tourism) is also a major industry besides fishing that earns at least two million
pesos a year, as identified by a study;
Whereas, Presidential Proclamation 1234 declaring the Strait as a protected
seascape was signed by then President Fidel V. Ramos in 1998 due to the
aforementioned characteristics;
Whereas, it was reported that on 21 December 2004, the Department of Energy
(DOE) signed a contract with Japan Petroleum Exploration Co. (JAPEX) for oil
exploration and drilling in a 2,850 kilometer area offshore of Tanon Strait;
Whereas, fact-finding studies undertaken by concerned people’s organizations
claimed that there were adverse effects such as environmental destruction and fish
catch reduction after the first exploration activity through seismic surveys launched in
the year 2005;
Whereas, the same group alleged that the first exploration activity was not
preceded by an environmental impact assessment and that there were no consultations
involving the fishing communities amid the dangers that the seismic surveys poised to
the environment;
Whereas, the second. oil exploration activity commenced on mid-November of
2007 along with a fishing ban of two months reportedly imposed by JAPEX; during this
period, the said firm shall be conducting exploration activities covering seven square
kilometers of Tanon Strait;
Whereas, a study pointed out that the economic losses of the 1,500 fisherfolks
that may be brought about by the two-month ban will amount to an average of P16
million;
Whereas, experts in marine sciences asserted that the oil exploration activities
might drive away marine organisms and species of dolphins, as well as affect the sexual
behavior of the latter, thus greatly affect the eco-tourism and fishing that make up most
of the livelihood of the communities within the area;
Whereas, numerous groups through their resolutions and positions coursed
through media and other national agencies have called for investigations and review by
appropriate government institutions, taking into account the inputs of the scientific
community;
Whereas, there is a need to look into the alleged harmful effects in the
environment brought by the activities in the course of finding out commercially viable
quantities of oil and gas reserves in the Tanon Strait;
Whereas, the alleged threats to the livelihood of the communities necessitate an
investigation with the end in view of formulating remedial measures to mitigate the
adverse consequences of the said activities;
NOW BE IT RESOLVED, AS IT IS HEREBY RESOLVED, to direct the
appropriate Senate Committees to conduct an inquiry, in aid of legislation, into the
alleged adverse effects of the oil exploration and drilling in the Tanon Strait that may
result in the losses of sources of livelihood of fisherfolks as well as the imminent
collapse of eco-tourism in the said area with the end in view of devising measures to
counter the said losses.
Adopted,
Loren Legarda
Senator