US Navy fined for ‘illegal entry’ at Tubbataha

MANILA, Philippines - The Tubbataha Protected Area Management Board (TPAMB) yesterday said it has fined the US Navy for “unauthorized entry” after an American minesweeper went aground on the World Heritage-listed coral reef.

The TPAMB announced the penalty but did not disclose the amount amid growing anger over the Jan. 17 stranding of the USS Guardian at Tubbataha Reef, for which the US Navy has apologized.

“The board served formal notice yesterday, initially citing the US Navy for unauthorized entry,” said Jose Lorenzo Tan, country president of the World Wildlife Fund and member of the TPAMB.

The site is protected by Philippine law, and is off-limits to navigation except for research or tourism approved by the marine park superintendent.

The law prescribes a maximum penalty of up to a year in prison plus a fine of up to P300,000 (about $7,300) for 
unauthorized entry, but Tan said the penalty agreed by the board does not include the jail option.

A board statement issued by Tan said the US Navy would also be fined for “non-payment of conservation fee” and “obstruction of law enforcement officer.”

Tubbataha marine park superintendent Angelique Songco said park rangers had warned the Guardian by radio last Thursday that it was nearing the reef, but the ship captain insisted they raise their complaint with the US embassy.

Fines for “damage to the reef” and “destroying resources” would be assessed after the vessel is retrieved, the board added.

The US embassy declined comment on the alleged violations.

The commander of the US Navy’s 7th Fleet, Vice Admiral Scott Swift, apologized for the incident in a statement from Japan on Sunday.

The US Navy said the 68-meter vessel, which remained stranded above the reef Tuesday, was en route to Indonesia after visiting Subic Bay north of Manila when the accident happened.

Damage assessment

A joint task force spearheaded by the Department of Transportation and Communications, led by DOTC Undersecretary Eduardo Oban Jr., and the Philippine Navy, led by Naval Forces West commander Commodore Joseph Rustom Peña and Rear Admiral Rodolfo Isorena, was immediately formed yesterday to fast-track the recovery of the USS Guardian.

Task Force Tubbataha will meet in Puerto Princesa City in Palawan to assess the extraction of the ship.

Palawan Gov. Abraham Mitra, on the other hand, demanded that the US boat be lifted and not dragged from the reef to prevent more damage to the protected area.

Filipino and US expert divers conducted joint diving operations to assess the current marine environment on site and have closer visuals on the condition of the warship.

The divers are expected to submit their initial findings today, according to Philippine Coast Guard spokesman Commander Armand Balilo.

Why the warship was in the area four days after it sailed to its next destination from Subic is another question that must be answered, a senior security official said.

Meanwhile, John Negroponte, former deputy secretary of the US State Department, yesterday described as “unfortunate” the grounding of the Guardian and expressed hope that the matter will be addressed “in the spirit of friendship.”

Negroponte said he believes that the crew of the ship did not intend to have the ship stuck in the reef known for its extensive coral network.

“It needs to get unstuck both in the interest of the ship and the environment,” he said while meeting with businessmen and civil society leaders in Makati.

Negroponte, who served as US ambassador to the Philippines in the 1990s, said he once went scuba diving at Tubbataha Reef, which he described as a “very beautiful place.”  – Jaime Laude, Rainier Allan Ronda, Cecille Suerte Felipe, Alexis Romero