Posted on March, 25 2002

Manilla, Philippines - It should never have happened here. On 1 February 2002, four Chinese fishing vessels were apprehended for poaching � inside the Tubbataha Reef National Marine Park. Philippine authorities seized several sacks of giant clams (Tridacna gigas), 54 sea turtles, and an undetermined amount of dynamite and cyanide. In addition, a large number of sea turtles, Napoleon wrasses, and several dolphins and sharks were seen thrown overboard by the poachers.

The vessels, from Hainan, China, were escorted from Tubbataha to Puerto Princessa by the Philippine Navy, the Philippine Coastguard, and concerned civilians. The Palawan Council for Sustainable Development Staff, through its Executive Director, attorney Joselito Alisuag, filed separate complaints charging the 117 Chinese with violating three Sections of the Philippine Fisheries Code of 1998: Poaching; Fishing Through Explosives, Noxious, or Poisonous Substances; and Fishing or Taking of Rare, Threatened, or Endangered Species. So far, only the poaching charge has been filed with the courts. Poaching is punishable with a fine of up to US$100,000, plus confiscation of catch, equipment, and vessel.

The confiscated catch and equipment provides a strong case against the fishing crew, and many of the Chinese crew have been apprehended for poaching twice before. What could prevent a successful prosecution, however, is a biased judge or legal official; a judge or legal official without a clear grasp of the relevant laws; intervention of third parties (e.g., the Chinese government, Chinese supporters, and/or Philippine government agencies); or the witnesses' inability to testify.

WWF, through the Tubbataha Park Office, is keeping close watch on the situation. According to Lory Tan, president of WWF-Philippines, "China is one of our best trading partners and one of our worst threats. The world of the WTO must be founded on respect for each other. If the Chinese continue to openly poach in Philippine waters, break our laws, and get away with it � with the help of our own government officials � free trade will never work. And the environment will pay the price."

Several Republic Acts and an International Agreement have banned the trade, possession, and hunting of sea turtles and other species in the Philippines. Foremost is the Philippine Fisheries Code, which bans poaching and the use of cyanide in Philippine waters. In addition, the Wildlife Act prohibits the taking of sea turtles, which are recognized as threatened in the Philippines, and the National Integrated Protected Areas System Act prohibits hunting, destroying, possessing, or disturbing species found in a protected area. The sea turtles and giant clams found in the vessels are also covered by the international CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) Agreement, which bans the possession and trade of listed endangered and threatened species.

Apart from the environmental protection laws that were broken, the Chinese crew were found fishing without proper authorization in waters that are part of Philippine territory, placing them in serious violation of immigration laws.

The Tubbataha reef complex, at the centre of the Sulu Sea, is one of the world�s richest and most diverse marine ecosystems. In 1988, a 33,200-hectare area was declared the Philippines' first National Marine Park. This marine park is home to at least 300 coral species, 8 marine mammal species, 380 fish species, 7 seagrass species, and 71 marine algae species. Because of its globally significant biodiversity, UNESCO declared Tubbataha as a World Natural Heritage Site in 1993. The region is one of the world�s last remaining marine wilderness areas, and is also one of the world�s top diving destinations.

WWF recognizes the importance of protecting the Tubbataha reef complex, which is central to ecosystem viability in the rest of southeast Asia. Scientific research suggests that Tubbataha may be a major source of coral, invertebrate, and fish larvae that populate other reefs of the Sulu-Sulawesi Seas.

WWF-Philippines, also known as Kabang Kalikasan ng Pilipinas (KKP), works to reverse environmental degradation in the Philippines and to help build a future in which Filipinos live in harmony with nature. The Tubbataha project, funded by USAID, Packard Foundation, and Global Environment Facility-UNDP, aims to protect the Tubbataha reef complex through research and monitoring activities and by supporting a Presidential Task Force for the Tubbataha Reef National Marine Park. In addition, local WWF staff in Palawan have been certified as Fish Wardens and deputized as Environmental Law Officers to help actively enforce "no-anchoring" and fishing rules within the marine park.

WWF-Philippines is also actively involved in an Information and Education Campaign in communities that have traditionally made use of the resources in and around the Tubbataha reef complex, such as those on the Cagayancillo and Cavilli islands. The campaign aims to make the communities aware of the importance of fishing practices that will help preserve the reefs.

The hope is that by saving this one small area, the rest of the seas, as well as the people who depend on them, will be saved as well.

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*Ina Pozon is Communications Officer at WWF-Philippines.