The Saga of the Tañon Strait

The Tañon Strait is a body of water, situated between the islands of Negros and Cebu in the Visayas region. The Strait is about 100 miles (161 km) long, and connects the Visayan Sea in the north to the Bohol Sea in the south. Its width varies from 3-17 miles (5 to 27 km), with the narrowest point in the southern tip. In the north, the Strait is closed off by the Don Islands, the largest of which is the Bantayan Island. Its waters are deep, reaching 500 meters. San Carlos City, Negros Occidental; Bais City, Negros Oriental; and Toledo City, Cebu have deepwater port facilities flanking both sides of Tañon Strait.

The Tañon Strait is an eco-tourism destination, known for whale and dolphin watching. The Strait encompasses small marine protected areas, which include the popular diving sites like Moalboal, Malapascua, Bantayan Island, Pescador Island, and Mantalip Reef. There are 14 species of dolphins and whales that live in the Strait. This count comprises 52% of the 27 species of dolphins and whales in the entire Philippines. Tañon Strait is home to spinner dolphins, spotted dolphins, dwarf sperm whales, pygmy killer whales, hammerhead sharks, chambered nautilus, giant diamond-backed squid, and the critically endangered Dugong. Its shorelines are protected by 26 species of mangrove forests, as well as coral reefs said to host 60% of the coral species in the country, spanning 18,830 hectares that serve as habitat to 70 species of fish and 20 species of crustaceans living in the Strait.

Commo Carlos L Agustin AFP(Ret) stated, “Tañon Strait is a good example of cooperation to protect the environment.” Agustin recalls he had spent some time in the Strait as a Junior Officer in the ‘60s, and as a Skipper in 1971. “There was no whale watching then. When I visited the Negros Occidental coast along the Strait in 1996 investigating the possibility of the development of Bais, I heard there was dolphin watching there, and there was a concerted effort to protect them. The San Sebastian Pier in Southern Cebu was a favorite watering port of PN (Philippine Navy) ships in the Central Visayas in the ‘60s and ‘70s, where we were allowed to top up our water tanks for free. It was also a favorite patrol base for units waiting to “ambush” smugglers entering via southern Negros Island at night, within radar range of our patrol vessels.”

The marine wealth of Tañon Strait, the second largest marine protected area in the country, is threatened by commercial fishing, which is illegal in the Strait as it is a protected area, and all municipal waters The threats include destructive fishing methods, pollution from industrial establishments, pressures from certain political authorities, and the uncoordinated policies of government agencies. The latter is rather due to topography. The Tañon Strait, being situated fully between 2 islands, is under the jurisdiction of the national government, 2 regions, 3 provinces, 42 coastal cities and towns, and 298 villages. This resulted in the Strait having overlapping and conflicting mandates, rendering weak policies to conserve the Strait.

Thus, former President Fidel V Ramos established on 27-May-1998 Presidential Proclamation No. 1234, which declared the Tañon Strait as a Marine Protected Area (MPA) in accordance with RA 7586, the 1992 National Integrated Protected Areas System (NIPAS Act), and renamed it the Tañon Strait Protected Seascape (TSPS). It covers 521,018 hectares, 5 times larger than the Tubbataha Reefs Natural Park in the Sulu Sea that covers 97,030 hectares.

In December, 2007, twin cases were filed by the displaced fisherfolk in their personal and representative capacities, in ‘Central Visayas Fisherfolk Development Center (FIDEC) vs Secretaries of DOE, DENR et al,’ SC-GR no.181257); and the resident marine mammals in TSPS, represented by lawyers Liza Osorio and Gloria Estenzo Ramos, (Resident Marine Mammals et al vs Secretaries of DOE, DENR et al, SC-GR no.180771) against government and the oil exploration company for their obstinate refusal to stop oil drilling in the protected seascape, on the grounds of violation of the Constitution, national laws, and international conventions for the protection of marine habitats and wildlife. The Tañon Strait serves as a marine wildlife reserve thus provides habitats for breeding, feeding and resting to 11 species of marine mammals.

On 07-February-2008, the Supreme Court ordered DENR (Department of Environment and Natural Resources) and DOE (Department of Energy) to comment on a certiorari petition filed for baleen and toothed whales, dolphins, porpoises, Irrawaddy dolphins, and other cetacean species living in the Tañon Strait to help stop oil exploration by Japan Petroleum Exploration Co. Ltd. (JAPEX) in the protected waterway.

During the pendency of the suit, JAPEX abandoned its oil exploration in the Tañon Strait, indicating that the initial drilling results revealed a lack of commercial viability.

In May 2008, the growing Visayas-wide campaign against oil exploration in TSPS was supported by the approval of Negros Oriental Vice Mayor’s League of a resolution opposing any extension of oil drilling or exploration in TSPS. Atty. Gloria Estenzo Ramos said the resolution was the first collective expression of opposition by ranking LGU officials against oil drilling in the Strait.

After 17 long years since former President Ramos declared Tañon Strait a protected marine area, the 1st Tañon Strait Protected Seascape (TSPS) Stakeholders Summit and General Assembly was held in February 2015. The 3-day summit was titled “Restoring the Beauty and Bounty of Tañon Strait.” OCEANA Philippines and RARE Philippines in partnership with DENR and the Cebu Provincial Government made the event possible, with the support of the Department of Agriculture and Bureau of Fisheries and Aquatic Resources (DA-BFAR), LGUs, academe, and environmentalists.

At the end of the Summit, the participants signed a declaration of commitment to TSPS, which proposes that certain vulnerable areas in the Strait be declared “no-take” zones. The remaining areas would serve as multiple use areas where people would be allowed to live and pursue sustainable resource use.

In 2013, the earthquake that shook the islands of Bohol and Cebu had destroyed most of the corals in the southern tip of the Tañon Strait, in Mantalip Reef, Negros Oriental. It would take 5 years to witness a revival of the coral reef.

Then on 21-April-2015, in a unanimous decision, the Supreme Court declared as unconstitutional the service contract granted to JAPEX, which allowed the exploitation of petroleum resources within the TSPS. Oceana Philippines hailed the high court’s decision as a landmark ruling. The court said the Philippine government violated the constitution when in 2004 it entered an agreement with JAPEX, which was not authorized by a general law, signed by the President, nor reported to Congress. “This is a landmark ruling which should prevent any project which destroys the ecological integrity especially of a protected seascape,” said Atty. Gloria Estenzo Ramos, Vice President, Oceana Philippines. “An ecologically destructive activity, such as oil drilling, is an oddity especially in an environmentally critical area like the Tañon Strait Protected Seascape.”

A Protected Area Management Board (PAMB) resolution was approved during the third general assembly of the TSPS PAMB in April 2017 in Cebu City requiring all vessels transiting and docking within the area to have the prescribed tracking device for monitoring purposes. This would also allow the operators, as well as concerned authorities, to monitor the behavior of the commercial fishing vessel while in a fishing expedition.

On 09-November-2017, the Department of Justice (DOJ) has appointed a Special Prosecutor, Karla Cabel, to handle cases relating to abuses in the Tañon Strait. The appointment of a Special Prosecutor is a boost to the campaign of protecting and preserving the Strait, Oceana Philippines said.

On 15-November-2017 various groups composing the stakeholders of the Strait linked arms during the ceremonial send-off 3 patrol vessels held at the Port of Dumaguete. Collectively known as “Protectors of Tañon Strait” —an alliance of national government agencies, LGUs, law-enforcement agencies, NGOs, and community-based organizations— came together to ensure the sustainable management of TSPS, and the strict enforcement of various environmental laws, including the Nipas Act and the Philippine Fisheries Code (RA 10654).

Oceana Philippines, which is at the national fishery policies level, works with Rare Philippines, which is at the community level. The patrol vessels that were deployed to both ends of the Strait were from the Philippine Navy, Philippine Coast Guard, and the DA-BFAR to prevent commercial fishing vessels from fishing within the waters of TSPS.

“Not all LGUs can have patrol vessels. But it is now a requirement for all commercial fishing operators or owners to have vessel-monitoring measures. We are also helping local governments in localizing the features of the Philippine Fisheries Code to be integrated into their local laws,” Atty. Ramos said.

Based on the amended fisheries code, all local commercial fishing vessels must install automated identification system (AIS) and a vessel monitoring measure (VMM) transponder by 2020 to institutionalize measures for sea safety and fisheries transparency in the country. VMM has been identified as the best method to ensure that fishing vessels operate only in designated zones, enhancing transparency and traceability, using satellites, GSM or radio waves to plot the location and course of vessels.

TSPS Protected Area Superintendent Prospero Lendio said they have been coordinating with commercial fishing companies that dock within TSPS to install vessel-monitoring devices, which could be satellite-based or radio frequency-based VMM that would provide both the operators and concerned authorities real-time data to pinpoint the exact vessel location within a 50 km range.

About 288,000 small-scale fishers rely on the Strait for livelihood. However, competition from commercial fishers that illegally enter the Strait, over-fish, and use destructive fishing methods have led to an overall decline in fishing productivity. Police Director Chief Supt Jose Mario Espino said 656 illegal fishers were arrested and over 2,000 explosives seized during January-November, 2017.

In December 2017, DA-BFAR added more patrol vessels in the Strait to fight illegal, unreported and unregulated fishing (IUUF), which is a serious threat to the oceans, next to pollution. “Despite its status as a protected seascape, the Tañon Strait still faces illicit activities, destroying its ecological integrity and depriving fishermen of their rightful catch,” BFAR National Director Commodore Eduardo Gongona said.

A most important policy issuance came from the Department of Interior and Local Government (DILG), which issued on 23-April-2018 DILG MC 2018-59 to provide guidelines to coastal local government units in regulating and monitoring fishery activities in all municipal waters. This requires LGUs to integrate all features of the amended Fisheries Code into the local ordinance such as the vessel monitoring measures in municipal waters nationwide.

BFAR INTERVENTION ON TAÑON STRAIT

The DA-BFAR, through the leadership of Secretary Emmanuel Piñol, has been and continues to be steadfast in protecting the fisheries and aquatic resource of Tañon Strait through the years.

The DA-BFAR, guided by its vision of a sustainable, threat-free marine environment, works incessantly to fight, prevent and eliminate illegal unreported and unregulated fishing (IUUF), which to this day continues to imperil our resources and the livelihood of hundreds of thousands of fisherfolk.

In partnership with other agencies, DA-BFAR has been successful in implementing fisheries laws in Tañon Strait. At present, there have been 5 IUUF apprehensions filed by DENR.

To ensure proper implementation of RA 10654, otherwise known as the Amended Philippine Fisheries Code, the DA-BFAR has organized training of fish wardens. These trainings were attended by 37 fish-wardens in the municipality of Ronda, and 18 fish-wardens in Toledo City.

DA-BFAR COORDINATION WITH LGUs OF TAÑON STRAIT

The DA-BFAR has high recognition of the critical role of the LGUs in the development, management and conservation of Tañon Strait. As a result, BFAR is mindful to engage the LGUs and seek their support in any resource management mechanism that the agency implements.

By jurisdiction, 68% of this body of water’s area is well within the municipal waters under the care of LGUs while only 32% is part of the national waters, thus, under the direct supervision of BFAR.

BFAR maintains close coordination with the local government units straddling Tañon Strait. In brief:

  • BFAR continually provides technical assistance to LGUs on fisheries resource management within municipal waters, coordinates management between municipal and national waters, and implements regulations in national waters.
  • Opportunities for environmentally sound, sustainable enterprises and livelihoods are likewise provided to municipal fisherfolk to augment their income while they implement fisheries resource management in the municipal waters.
  • At present, DA-BFAR already turned over 3 community fish landing centers (CFLCs) to 3 identified municipalities in the Tañon Strait area.
  • BFAR has also given various fishing gears to municipal fisherfolk such as bottom set gill net, drift gill nets, set long line, hook & line, and squid jig.
  • Through the FB Pagbabago Program, the agency has distributed 106 units of fiberglass boats with 5.5 horsepower (HP) engine, and 8 units of fiberglass boats with 15 HP engine to municipal fisherfolk families. The agency also aided in the repair of 32 units of damaged non-motorized boats of fisherfolk in Tañon Strait.
  • Priority is given to people affected by the restricted use of coastal resources.

RESOURCE MANAGEMENT APPROACH TO TAÑON STRAIT

BFAR adopts the ecosystems-based approach in its programs and projects. The agency believes this approach is most appropriate in managing adjoining resources.

Through the ecosystem approach, BFAR is able to formulate policies and guidelines to regulate exploitation, utilization and disposition of the resources through best available scientific data, environmental profile of the fishery area, and socio-economic conditions, where stakeholders’ perspectives are given high value.

Fisheries resource management is not just about managing the fish and other aquatic resources—ultimately, it is about managing the people who use the resources.

Educating fisherfolk on resource management is one thing. However, interventions must not only target socio-economic factors but also and more importantly, spark a change on how they perceive the resources, and work in the direction of conservation.

To spark change and impart knowledge to aquaculture stakeholders of Tañon Strait, DA-BFAR has conducted several capability building trainings, and has given various fish farming implements to identified stakeholders.

  • Training for aqua-silvi-culture, in particular, oyster farming, were already conducted to 5 municipalities;
  • There were 4 units of fish pens and 1 fish (fixed) cage given to identified fisherfolk-beneficiaries
  • In promoting the seaweed industry in Tañon Strait, the BFAR has distributed 312,000 kilograms of seaweed
  • Propagules to 1,040 beneficiaries in the area, as well as seaweed farm implements to 166 beneficiaries, and to 10 people’s organizations.
  • Fertilizers for tilapia farming were also given to fish-farmers who have existing fish ponds.

Recently, in May 2018, the Tañon Straight Protected Seascape celebrated its 20th Anniversary from the time it was established as a Marine Protected Area in May 1998.

The author would like to acknowledge the Peer Reviewers of this article:

Vice President Atty Gloria Estenzo Ramos (OCEANA)
and National Director Commodore Eduardo Gongona (BFAR).

Main References:

  1. Corpuz, Gerry Albert. “Gov’t Selling Protected Seas to TNCs – Environmental Groups,” Bulatlat, Vol. VII, No. 29, August 26-September 1, 2007.
  2. Ombion, Karl G. “Bulatlat, Vol. VIII, No. 13, May 4-10, 2008.
  3. Codilla, Marian Z. “The bounty of Tañon Strait,” Cebu News Daily, Inquirer.net, 16-May-2015.
  4. Ramos, Gloria Estenzo, “The Significance of the Tañon Strait Ruling,” Cebu News Daily, Inquirer.com, 13-July-2015.
  5. Ramos, Gloria Estenzo, “Trail-blazing Tañon Strait,” Cebu News Daily, Inquirer.net, 09-April-2017.
  6. Mayo, Ador Vincent S. “DOJ names Tañon Strait Special Prosecutor,” Cebu News Daily, Inquirer.net, 09-November-2017.
  7. Mayuga, Jonathan L. “Protecting Tañon Strait,” Business Mirror, 26-Nov-2017.
  8. Simeon, Louise Maureen, “Tañon Strait protection to be strengthened to ensure fisheries sustainability,” The Philippine Star, 24-December-2017.
  9. BFAR Interventions in Tañon Strait, by BFAR, 5-July-2018.

About the Author

Vicky Viray-Mendoza
Executive Editor, MARITIME REVIEW. Special interest in Marine Environment. Retired World Bank Group Operations Evaluation Analyst. Specializes in operations research, evaluation, and analysis. Education: Currently taking her Masters in U.S. Law (American Military University, VA); Masters in Public Administration (George Washington University, D.C.); Masters in Business Administration (University of Maryland, MD); Post-Masters Certificate in International Finance and Global Markets (Georgetown University, D.C.). BSC Management; BSC Accounting (Assumption College, San Lorenzo, Makati); Assumption Convent High School (San Lorenzo, Makati); St. Theresa's College, Cebu, Grade School.