A whale of a difference

http://www.sunstar.com.ph/cebu/whale-difference
A whale of a difference



A PETITION filed on behalf of sea mammals before the Supreme Court, in relation to the 2007 search for oil in the Tañon Strait, will stretch the limits of the law.

Supreme Court Chief Justice Reynato Puno said so himself, in a speech at the University of the Cordilleras in Baguio City last April 16. The forum focused on environmental justice.

In Puno’s speech, a copy of which was sent toSun.Star Cebu, the chief justice discussed the implications of the novel case involving the “resident sea mammals of the Tañon Strait, which include toothed whales, dolphins, porpoises and other cetacean species,” suing a Japanese company and government agencies in relation to the oil exploration off the shores of Pinamungajan town.

"The Manny Pacquiao Blog". Click here for stories and updates on the Filipino boxing champ.

“The intriguing issue is whether a dolphin or whale can sue an oil exploration firm. If I cite this case, it is only to stress the ongoing attempts to further open the doors of courts to plaintiffs who are non-humans alleged to be entitled to a healthy environment,” Puno said in his speech.

The forum, “Upholding the Right to a Balanced and Healthful Ecology,” aimed to draft recommendations for better actions on environmental issues brought before the Supreme Court.

This gave Puno, the keynote speaker of the event, a chance to talk about locus standi, or standing, in terms of filing cases.

He recalled the “benchmark” case of Oposa versus Factoran, where unborn children and “future generations” were given a locus standi to sue, especially in cases involving the environment.

“We recognized the budding principle of inter-generational equity, which assures each generation the right to receive the planet in no worse a condition than received by the previous generation, and views the environmental and resource conservation obligations of the present generation from that perspective,” said Puno.

In the case of the mammals, it is still ongoing.

The petition was for certiorari with mandamus and injunction, filed in a bid to stop offshore explorations by the Japan Petroleum Exploration Company Ltd. (Japex).

How far?

Japex ended the oil exploration by early 2008. They never made it to a full-blown oil drill, with the company saying the available oil was not of commercially viable volumes.

Government agencies were impleaded in the Supreme Court petition for allowing the exploration to happen in the first place.

Oil explorations, said the petitioners, would damage their habitat. The mammals were represented by lawyers Gloria Estenzo-Ramos and Rose-Liza Eisma Osorio, acting as their guardians.

“Exactly how far the rule on standing is to be liberalized is the question,” Puno said in Thursday’s speech.

The chief justice noted, though, that relaxing the rule on locus standi has its disadvantages.

“Fears are expressed that this will open the floodgates to environmental litigation, many of which may be groundless, especially those filed by bounty hunters. They can drive away investment companies and they can contribute to the overclogging of our green court dockets,” Puno also said.

Environmental champions may even be sued for damages for initiating complaints to discourage them from pursuing it.

“Our task is to craft a rule that will strike the proper balance between the need to encourage citizens’ suits and the danger that unregulated citizen’s suits may bring about nuisance cases,” Puno said.

Some environmentalist-lawyers who attended a related forum in Iloilo City expressed optimism in the Tañon Strait mammals’ case.

They attended the “Forum on Environmental Justice: Upholding the Right to a Balanced and Healthful Ecology” in Iloilo City, an event the Supreme Court organized.

“This activity encourages us to actively pursue more actions to protect our environment. Truly the Supreme Court under Chief Justice Puno now remains as the only institution who stood by the people, under attack by oppressive anti-environment policies of the government,” said Vince Cinches, executive director of the Fisherfolks’ Development Center (Fidec) Inc.

In a press statement released by Ghianne Rada, Fidec described the forum as “most welcome in a time where global climate change is wreaking havoc on our lives.” (JGA/EOB)

Letter from Cebu Chamber of Commerce Inc. for DOE Secretary Reyes

http://globalnation.inquirer.net/cebudailynews/opinion/view_article.php?article_id=104023

Tañon Strait: Prevent damage to biodiversity

(Letter to Energy Sercretary Angelo Reyes, Nov. 28, 2007).

Greetings from the Cebu Business Community.

We are writing this letter of concern on the impact of the oil exploration on the biodiversity of Tañon Strait.

It is scientifically proven that the Strait is one of the country’s biodiversity hotspots in terms of cetacean density and diversity, as well as coral reefs. The area is also a distinct habitat of the Chambered Nautilus, and a migration route of Whale Sharks, hence the proclamation of the area as a protected seascape under Proclamation 1234 signed by then President Fidel Ramos on May 1998.

While we at the Chamber believe that economics and biodiversity resource systems can be integrated in a comprehensive and sustainable manner, we feel that all stakeholders in this exploratory activity should address the need to balance the uitilization-driven policy involving modification of biodiversity for human needs, with the conservation-driven policy for maintaining natural biodiversity.

Biodiversity is important on global, ecologoical and human scales. Biological processes regulate global climate and cycling of essential elements and substances and as a result perpetuate a global system favorable to the support of life. Greater species diversity contributes stability to ecosystems, and conversely, a healthy functioning ecosystem supports greater diversity of life. From the human perspective, our societies need living resources, and greater biodiversity offers better variety of foods, building materials, and medicine amongst others.

Our country is one of the contracting parties in the Convention on Biological Diversity in Rio de Janeiro signed on June 1992, objectives which include the country’s responsibility to conserve and sustainably use biodiversity. Further, the Philippines is a member of the International Union the Conservation of Nature (IUCN) since 1992. the UCN, a union of sovereign states, government agencies and NGOs, initiates and promotes scientifically based actions that will ensure perpetuation of the natural environment.

Given these international commitments, we would like to call on your good office to deal with the oil exploration activity in a precautionary manner that will prevent, or at least reduce, damage before we reach the stage of irreversible biodiversity loss. - Francis O. Monera, president, Cebu City Chamber of Commerce and Industry

EXHORTING THE CONGRESS OF THE PHILIPPINES TO PROCLAIM THE VISAYAN SEAS AS MARINE RESERVATION AND HERITAGE SITE, BEING HOST TO THE WORLD'S RICHEST MARI

This is the resolution passed by the provincial board regarding the visayan sea. FYI Visayan Sea is one of the target areas for offshore mining.

-------------------------------------------------------------------------------------------------

Republic of the Philippines

Province of Cebu

OFFICE OF THE SANGGUNIANG PANLALAWIGAN

Legislative Building Capitol Compound, Cebu City

Resolution No.2524

Series of 2007

EXHORTING THE CONGRESS OF THE PHILIPPINES TO PROCLAIM THE VISAYAN SEAS AS MARINE RESERVATION AND HERITAGE SITE, BEING HOST TO THE WORLD'S RICHEST MARINE BIODIVERSITY AREA.

Whereas, a 10-year study by international marine experts, led by world renowned marine biologist Dr. Kent E. Carpenter, reveals that the Philippines is the “epicenter of the richest marine biodiversity in the world.” And that the highest diversity and endemism of organisms are found in the Visayan Seas particularly in the Central Philippine Province of Cebu, Bohol and Iloilo;

Whereas, this amazing discovery brought tremendous national pride to the Filipinos and has catapulted the Philippines, particularly the Visayan Islands, into the zenith of the world environmental and geographical maps. This marvel of the seas has made the Philippines not least the “The Pearl of the Orient Seas” but more of a “The Mother of All Seas”;

Whereas, the proclamation of the Visayan Seas as a marine reservation and heritage site will showcase the wealth of our marine resources and the beauty and richness of our seas, and ensure its protection, conservation and sustainable development for all generations to come. Moreover, such proclamation would open the floodgates of global environmental awareness in the area and brings in priceless historical, educational and scientific environmental and economic benefits for all mankind;

Whereas, mindful that we are only stewards of the nature's bounty and beauty, this August Body most respectfully exhorts the Congress of the Philippines to proclaim the Visayan Seas as Marine Reservation and Heritage Site our priceless legacy to all posterity. A small step for Filipinos; a big leap for mankind;

NOW, THEREFORE, premises considered, the Sangguniang Panlalawigan of Cebu, on motion of HON. VICTOR A. MAAMBONG, duly seconded by HON. AGNES A. MAGPALE, be it-

RESOLVE TP EXHORT as it is hereby EXHORTED, THE CONGRESS OF THE PHILIPPINES TO PROCLAIM THE VISAYAN SEAS AS MARINE RESERVATION AND HERITAGE SITE, BEING HOST TO THE WORLD'S RICHEST MARINE BIODIVERSITY AREA;

RESOLVE FURTHER that copies of this resolution be furnished to the Congressof the Philippines; to the Department of Environment and Natural Resources (DENR); to the Department of Bureau of Fisheries and Aquatic Resources (BFAR); to the Coastal Resource Management Project (CRMP); to the United states Agency for International Development (USAID); for information and appropriate action.

Legislative Building, Capitol Compound, Cebu City, 30 July 2007.

HON. VICTOR A MAAMBONG

Sponsor

HON. AGNES A. MAGPALE

Co-Sponsor

RECALL JAPEX ECC. STOP THE PLUNDER OF OUR NATURAL RESOURCES.

Fisherfolk leaders with DOE director Engr. Labios

At the Environment Management Bureau Office with the local Media



At the office of Provincial Board Member Victo r Maambong

Below is the letter calling for a moratorium and investigation over off-shore mining in the Visayas given to the Provincial Government and the Department of Energy.

Another letter calling for the recall of JAPEX' Environmental Compliance Certificate was given to the office of the Environment Management Bureau. Currently the Provincial Vice-Governor of Cebu, the Congress, including the Philippine Senate passed resolutions calling for various actions against off-shore mining.

For a copy of the House Resolution regarding off-shore mining, please email us.

---------------------------------------------------------------------------

August 15, 2007

Atty. Victor Maambong

Provincial Board Member

Chairperson

Committee on the Environment

CALL FOR A MORATORIUM ON ALL PLANNED AND EXISTING OIL EXPLORATIONS IN THE VISAYAS

Dear Hon. Maambong,

Greetings.

The Central Visayas Fisherfolk Development Center Inc, and various organizations under DEFEND our Sea Coalition and Conservation Watch, manifests its concern on the plight of the marginal fisherfolks whose livelihood were affected by oil explorations in fact majority of Fishermen in the Visayas were not justly compensated when JAPEX and NorAsian Energy Ltd implemented their seismic survey. We would like to extend the same concern to our local marine environment deemed as one of the global centers in marine biodiversity when oil explorations and off-shore mining will commence.

According to the paper presented by DOE USEC Guillermo Balce, another 23 Service Contracts will be awarded to various corporations to conduct oil exploration activity in our waters another service contract was awarded to Forum North Cebu to conduct exploration activity, it is interesting to note that this activity will be inside made inside the Visayas Sea considered as a unique world treasure and recognized as a national heritage area.

Based on international scientific papers, seismic survey and off-shore mining will pollute our waters since Oil and Gas drilling operations generate huge amounts of waste that is discarded into water. According to the National Academy of Sciences, a single well produces between 1500 and 2000 TONS of waste material.

Debris includes drill cuttings, which is rock ground into pieces by the bit; and drilling mud brought up during the drilling process contains toxic metals such as lead, cadmium and mercury. Other pollutants, such as benzene, arsenic, zinc and other known carcinogens and radioactive materials are routinely released in “produced water,” which emerges when water is brought up from a well along with the oil or gas.

Offshore drilling will cause a significant amount of air pollution. Each offshore oil platform generates approximately 214,000 pounds of air pollutants each year(National Oceanographic & Atmospheric Administration). An average exploration well for oil or natural gasgenerates some 50 tons of nitrogen oxides (NOx), 13 tons of carbon monoxide, 6 tons of sulfur dioxide, and 5 tons of volatile organic hydrocarbons7. These pollutants are the precursors to smog, acid rain and contribute to global warming.

These projects will also spill oil to our more than the volume that destroyed Guimaras.Oil is extremely toxic to a wide variety of marine species, and current clean up methods are incapable of removing more then a small fraction of the oil spilled in marine waters. Offshore drilling platforms and pipelines spilled 1.8 million gallons of oil in U.S. waters from 1990-1999 in 224 reported accidents – that’s an average of almost 500 gallons a day.

Oil spills present the potential for enormous harm to deep ocean and coastal fishing and

fisheries. Oil waste poisons the sensitive marine and coastal organic substrate, interrupting the

food chain on which fish and sea creatures depend, and on which their reproductive success is

based. Commercial fishing enterprises may be affected permanently. Wildlife other than fish and

sea creatures, including mammals, reptiles, amphibians, and birds that live in or near the body

of water, are also poisoned by oil waste.

The hazards for wildlife include toxic effects of exposure or ingestion, injuries such as smothering and deterioration of thermal insulation, and damage to their reproductive systems and behaviors. Long-term ecological effects that contaminate or destroy the marine organic substrate and thereby interrupt the food chain are also harmful to the wildlife, so species populations may change or disappear.

During the seismic survey of JAPEX and NorAsian, a significant reduction of fish catch were

recorded, it was later found out that heavy metals contamination from seismic survey will

result to reduction of fish reproduction.(Cadmium EbrahimTi, et al. 1995 Kime, et

l. 1996, Lead - Ruby, et al. 1993, Mercury - Khun & Weis. 1987, Methylmercury - Van Look,

K. Journal of Fish Biology. 2003.)

Seismic blasting damages planktonic eggs and larvae found in the immediate vicinity of airguns (Dalen and Knutsen, 1985)‏ and can reduce catches in commercial fisheries (Slotte et al. 2004; Soldal and Loekkeborg, 1993; Engas et al. 1996; Skalski et al. 1992) since the impact of the sound underwater tends to bursts air bladders (i.e. swim bladders for fish, lungs for marine mammals and the animals may have well sunk to the ocean floor from ruptured lungs. Andrea Leonor Bautista,manager, Cetacean Research and Conservation Project - WWF. (inq7.net. Thu, Sep 08, 2005)‏ Seismic blasting can damage the hearing structures, (McCauley et al. 2003)‏ and can cause body tissues to hemorrhage (hastings, 1995)‏ and damage reproductive organs in marine organisms (Jensen and Alberdice, 1989)‏

Seismic blasting can cause behavioral modifications and reduce or eliminate available habitat for

breeding / spawning, foraging and migration (Richardson et al. 1986; Harris et al. 2001;

McCauley et al. 2000; McCauley et al. 1998)‏ Seismic noises can alter fish distribution by tens of

kilometers (Slotte et al. 2004; Engas et al. 1996)‏ It can elicit physiological stress and

neural-immune responses in Marine organisms (Santulli et al. 1998; Romano et al. 2004)

‏

Despite the damages, despite the fisherfolks were denied access to their fishing grounds fisherfolks from various communities were not justly compensated or were not compensated at all.

With this we would like to ask the your committee to issue a moratorium on all oil exploration activities and bring together all the stakeholders in a public hearing to discuss the cost and benefit of oil explorations.

We must conduct exhaustive public consultations to discuss the issues and concerns on the conduct of the oil exploration. It is noted that the consultations are limited only to “information” dissemination which is far different from the nature of a consultation where people are given enough time to engage the proponents in a healthy dialogue. Two to three hours of meeting in each of the affected municipalities are not enough compliance of the consultation requirements as provided by law.

The Local Government Code provides:

SEC. 27. Prior Consultations Required. - No project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with, and prior approval of the sanggunian concerned is obtained: Provided, That occupants in areas where such projects are to be implemented shall not be evicted unless appropriate relocation sites have been provided, in accordance with the provisions of the Constitution.

We are also calling on our Governor, Mayors, Sangguniang Bayan/Panlungsod, and our Congressional Representative to exercise their authority and influence to lobby with the national government to address our concerns before the actual conduct of the seismic survey.

Effects of Offshore Drilling

Overlooking Tañon Strait, a marine protected area under threat by Japan Petroleum Exploration Co. Ltd. (Japex). Photo by Yowee Gonzales

• A single offshore rig emits the same quantity of air pollution as 7000 cars driving 50 miles per day.

• Routine offshore drilling operations dump thousands of pounds of "drilling muds" (containing heavy metals like cadmium, chromium, arsenic, and lead) into the Gulf of Mexico. The routine pollution can cause severe disruption to marine environments and health and reproductive problems for marine mammals and fish species.

• A single exploratory well dumps approximately 25,000 tons of toxic metals into the ocean.

• A single production platform can have between 50-100 wells and can discharge 90,000 metric tons of drilling fluids, wastes, and metal cuttings into the ocean. *The Gulf of Mexico has a roughly 3000 square mile "Dead Zone" that is growing. Offshore drilling pollution, by smothering benthic (shallow water) communities, contributes to oxygen depletion and adds to the Dead Zone.

• Offshore drilling releases "toxic brines" that are pockets of water that are trapped in the geologic pockets where gas and oil occur. This toxic brine contains NORMS (naturally occurring radioactive materials), cadmium, lead, benzene, etc. The petroleum industry admits that up to 1.5 million barrels of toxic brine are discharged into the Gulf every day.

• In 1982 a 9.6 million gallon spill occurred from a storage tank of coastal Panama. This caused massive damage to seagrass beds, corals, mangroves, and coastal ecosystems much like those occurring Florida. Much of the damage from that spill continued for years, and the lasting impacts are still seen today.