Law penalizes foreign vessels polluting, poaching in Philippines

MANILA, Philippines — A new law that President Marcos signed will protect the country from foreign ships that pollute domestic waters across the archipelago, and provide penalties as well for poachers who fish or explore local marine resources.

The law providing for the establishment of archipelagic sea lanes in the Philippine archipelagic waters (Republic Act 12065) reaffirms domestic sovereignty and sovereign rights over these waters, and strictly prohibits foreign ships and aircraft passing through designated lanes.

Non-compliance with such provisions will mean a penalty of imprisonment of one year and one day to two years and two months, and/or a fine of $1.2 million or its Philippine peso equivalent, at the discretion of the court, according to Rep. LRay Villafuerte.

“Such penalties shall be imposed on the master of the ship or captain of the aircraft; and if the owner of the vessel or aircraft is a corporation, partnership or juridical person, the penalty shall be imposed upon the president or head of this business entity in breach of this new law,” he said.

RA 12065 is more popularly known as the Philippine Archipelagic Sea Lanes Act.

The Camarines Sur congressman, a co-author of the law, helped craft the bill where foreign civilian ships and aircraft found to violate such will be facing criminal charges under existing Philippine laws on fisheries, customs, immigration, sanitation and/or on the environment.

Villafuerte pointed out that under RA 12065, foreign ships and aircraft exercising archipelagic passage over Philippine territory and maritime zones are prohibited from discharging oil, oily wastes, solid waste, other noxious substances or ballast water;

Discharging sewage, garbage and air emissions from ships in violation of existing conventions on the prevention of marine pollution; and conducting any fishing operation, marine bioprospecting or exploitation of marine resources of the Philippines.

Marcos previously signed RA 12065 and RA 12064 (Philippine Maritime Zones Act) as companion laws reaffirming sovereignty over internal and archipelagic waters along with sovereign rights over exclusive economic zone waters, as defined by the United Nations Convention on the Law of the Sea.

The twin laws likewise designated the sea lanes and air routes where foreign vessels and aircraft can legally pass through under the UNCLOS-set “right of innocent passage.”

The UNCLOS was ratified in 1982 by 170 parties, including the Philippines.

The Chief Executive said his signing of RA 12064 and RA 12065 underscored his administration’s resolve to protect the country’s maritime resources, preserve its rich biodiversity, and ensure that Philippine waters remain a source of life and livelihood for all Filipinos.

As co-author, Villafuerte explained that “bioprospecting” refers to “any organized search for and harvesting of useful marine plants, animals and microbial species for academic, agricultural, pharmaceutical or industrial purposes.”