Protecting Wonders of Tubbataha Reefs through RA 10067

By Marie Therese M. Espuerta, Juris Doctor 1

Introduction

Tubbataha Reef or popularly known as “The Tubbataha National Park” is a protected area of the Philippines located in the middle of the Sulu Sea. It is a unique atoll reef with a very high density of marine species and a pristine coral reef with a spectacular 100-m perpendicular wall, extensive lagoons, and two coral islands. that covers about 96,828 ha, including the North and South Atolls and the Jessie Beazley Reef. The reef is home to numerous aquatic species and birds. The Republic Act 10067 also known as the “Tubbataha Reefs Natural Park (TRNP) Act of 2009” shall be the declared policy of the State to ensure the protection and conservation of the globally significant economic, biological, sociocultural, educational, and scientific values of the Tubbataha Reefs into perpetuity for the enjoyment of present and future generations. It also provides the legal and institutional framework for enforcement in the Tubbataha Reefs and defines the authority of the Tubbataha Protected Area Management Board (TPAMB) to impose sanctions against violators

These shall be pursued through sustainable and participatory management, with the policy of the State to promote the Tubbataha Reefs, with the end view of fostering widespread awareness and concern for the benefit of carrying out comprehensive and holistic promotions, training, and information campaign programs for the benefit of the general public, in pursuance of the duty of the State to uphold the primacy of protecting, preserving and promoting these resources.

The main objectives of this study are: (1) to compare the conservation efforts of the government for the reef prior to and after RA 10067 and (2) to evaluate the impact and assess the effectiveness of RA 10067 in protecting and conserving the Tubbataha Reefs. This study will use comparative research methods to analyze data gathered from primary and secondary sources. The results obtained from this study will be used to recommend conservation programs that will encourage the government to involve youth participation which can significantly increase the protection efforts for the Tubbataha Reefs as well as put light to emphasize the impact of implementing laws that focuses on environmental protection in increasing efforts of the Government and the public that can influence lawmakers to put importance in these matters.

Tubbataha Reefs National Park

Tubbataha Reef or popularly known as “The Tubbataha National Park” is a protected area of the Philippines located in the middle of the Sulu Sea. The famous reef is in the center of the Coral Triangle between Indonesia, Malaysia, and the Philippines. It is a unique atoll reef with a very high density of marine species and a pristine coral reef with a spectacular 100-m perpendicular wall, extensive lagoons, and two coral islands that cover about 96,828 ha, including the North and South Atolls and the Jessie Beazley Reef. The site is the locus of the world’s greatest coral diversity. It is one of the few remaining examples of a highly diverse near-pristine coral reef, with a spectacular 100 m perpendicular wall, an extensive lagoon, and two coral islands. The reef is home to fish, marine mammals, and seabirds that are invaluable to science as a wildlife refuge, field laboratory, and dive site of exceptional quality and beauty.

Republic Act 10067

The Republic Act 10067, known as the Tubbataha Reefs Natural Park (TRNP) Act of 2009, provides the legal and institutional framework for enforcement in the Tubbataha Reefs. It shall be the declared policy of the State to ensure the protection and conservation of the globally significant economic, biological, sociocultural, educational, and scientific values of the Tubbataha Reefs into perpetuity for the enjoyment of present and future generations. Republic Act 1007 includes pursuing and managing TRNP under a “no-take” policy and through sustainable and participatory management, taking into consideration all applicable laws and international conventions to which the Philippines is a signatory. It also provides the legal and institutional framework for enforcement in the Tubbataha Reefs and defines the authority of the Tubbataha Protected Area Management Board (TPAMB) to impose sanctions against violators. Furthermore, the TNRP act shall further be the policy of the State to promote the Tubbataha Reefs, with the end view of fostering widespread awareness and concern for the same. Towards this end, the State shall undertake to carry out comprehensive and holistic promotions, training, and information campaign programs for the benefit of the general public, in pursuance of the duty of the State to uphold the primacy of protecting, preserving, and promoting these resources. Most importantly, this act is a policy of the State to encourage the participation of the private sector and the local government units in the protection, preservation, and promotion of the Tubbataha Reefs.

Impacts and benefits of conserving the reef

Coral reefs are considered the rainforests of the ocean because of their rich biodiversity. When properly managed, coral reefs provide many goods and services to coastal communities, including fisheries, recreation, research, protection against natural hazards, and climate regulation. In the Philippines, coral reefs contribute approximately 11 to 29% of the country’s fisheries production (Licuanan and Gomez, 2000). In the Philippines, coral reefs contribute approximately 11 to 29% of the country’s fisheries production.

The legal basis for its protection is Republic Act 10067 or the Tubbataha Reefs Natural Park Act of 2009. RA 10067 provides for more stringent penalties for violations and extended the area of the park, adding a 10-nautical
mile buffer zone to the existing 97,030-hectares no-take area. Four programs are employed in managing TRNP: Conservation Management, Conservation Awareness, Sustainable Resource Management, and Research and Monitoring.

The goals of Ecosystem Research and Monitoring (ERM) are:
a. to determine ecosystem health;
b. measure biophysical indicators of management effectiveness, and;
c. provide the scientific basis for the formulation of proactive strategies and responses to emerging issues.

The results of monitoring activities conducted in the park reflect the effectiveness of management programs, where anthropogenic pressures are concerned. They also serve as guides for the Tubbataha Protected Area Management Board (TPAMB) to arrive at science-based management decisions and policies.

Objectives

The general objective of the study was to estimate the impact of Republic Act 1007 or known as “Tubbataha Reefs Natural Park (TRNP) Act of 2009” in increasing governmental and public efforts for the protection and conservation of the Tubbataha National Reef Park.

The specific objectives are the following:

1. To define Republic Act 1007 or known as “Tubbataha Reefs Natural Park (TRNP) Act of 2009”.
2. To identify the conservation efforts of the government for the reef prior to and after RA 10067.
3. To evaluate the impact and assess the effectiveness of RA 10067 in protection and conservation efforts for the Tubbutaha Reefs.

Methodology

This study will use comparative research methods to analyze data gathered from secondary sources. The results obtained from this study will be used to recommend conservation programs that will encourage the government to involve youth participation which can significantly increase the protection efforts for the Tubbutaha Reefs as well as put light to emphasize the impact of implementing laws that focuses on environmental protection in increasing efforts of the Government and the public that can influence lawmakers to put importance in these matters.

Discussion

Implemented Rules and regulations based on Republic Act 10067 through the years:

2011

After a year The Implementing Rules and Regulations of RA 10067 was published, and the TRNP Management Plan of 2011 was created as the first plan of action after RA 10067 took effect. TRNP Management Plan of 2011 contains, among other the goals and objectives of the TRNP management; management issues, strategies, and activities; mechanisms of protection, regulation, and prohibitions; as well as mechanisms to ensure stakeholder
participation. Tourism falls under the Conservation Management program of the TRNP with the following
objectives:

• to ensure enjoyment of the attributes of the Park into the long-term
• to bring in additional park revenues and
• to increase appreciation and support to the TRNP and the marine environment

2012

As stated in Administrative Order No. 1 series of 2012, RA 10067 provided covers management setup, procedures and guidelines for adjudication of administrative cases, allowable and prohibited activities, research and monitoring, bio-prospecting, commercial filming, fees, and penalties, protocols, and standards among others. The Administrative order included the following salient points:

• TMO will collect entry fees for the park
• The LGU of Cagayancillo is authorized to collect tourism fees
• 10% of all conservation fees are allocated for Cagayancillo
• Rule 13 covers aspects of tourism: Tourism activities such as scuba diving, snorkeling,
  kayaking, bird watching and the like may be allowed in TRNP. Entry and conduct of
  tourism activities inside the Park shall be allowed only upon issuance of the necessary
  permit by the TMO, subject to the requirements and procedures set forth in the
  following sub-rules.

The same Administrative order that took effect in 2012 prohibited the following acts of tourism activities to further implement RA 10067:

• Tying to moored vessels
• Not stowing fishing gear
• Use of motorized sports equipment
• Construction or installing any structure
• Cruising less than 100m, landing, setting foot, swimming, snorkeling or diving around the
  North and South Islets
• Swimming, snorkeling or diving in the lagoons of the North and south Islets
• Landing and setting foot on the emergent cay in Jessie Beazley
• Use of gloves while diving
• Vandalism
• Decompression dives without certification, training, and equipment
• Handling, touching, feeding, and chasing resources
• Use of super lights
• Damage to reefs
• Non-payment of conservation fees
• Anchoring
• Dumping of wastes
• Littering
• Bio-prospecting without a permit
• Introduction of exotic species
• Hunt, catch, fish, kill, take, gather, remove, destroy, disturb, or possess any resource,
  whether living or nonliving, or products derived therefrom.

In the same year, a TRNP Compliance and Enforcement Plan of 2012 was also created to address all monitoring and compliance to RA 100067 including increasing awareness of its users. The enforcement plan includes surveillance, inspection, and documentation of all tourism activities and violations within the TRNP.

2013

TRNP Emergency and Risk Reduction Plan of 2013 was created to establish guidelines and rules for quick response in emergency situations. The marine park rangers are recognized as best positioned for the quick response and to provide assistance in emergency situations if such arise during a visit to the TRNP. The liveaboards are expected to have their own emergency response and safety protocols but will be assisted fully by the TMO as needed. The protocols for emergency response are provided in the plan, specifically for:

• Accidents and emergencies including fire for humans and assets
• Environmental disasters including global warming, major storms, natural disasters, and other
  natural disturbances
• Other external threats such as pollution and human activities outside of the park
• Security issues

Conclusion

Recommendations

To create and establish additional measures that focus on improving the conservation of TNRP and other reefs in the country. Protection benefits of reefs can minimize the damages and destructions brought by natural calamities especially typhoons and storm surges which are frequent occurrences in tropical countries like the Philippines. This can also be of help to the ecosystem, providing homes and nursing grounds to various aquatic species

To strengthen the efforts in supporting the conservation programs for TNRP. Collaborative efforts can encourage the legislative department to create laws that focus on putting importance on our environment which can significantly change the perspectives and behaviors of humans in treating reefs like TNRP.

To support existing conservation programs, efforts, and voluntary work for TNRP and other reefs. The National Government can also extend its support to existing organizations that focus on promoting and conserving the TNRP. They can help publicize the organizations or programs in order to reach a wider and higher number of volunteers and participants all over the country.

To establish clear guidelines that will reduce illegal activities in TRNP. If these illegal activities continue, they will cause adverse effects on communities near the coastal area when natural calamities occur, threaten the overall ecosystem, and destabilize the normal functioning of society. To create campaigns and advocacies that promote and spread awareness about the ecosystem services provided by TRNP and the adverse effects brought by coral bleaching and other illegal activities in the country. Campaigns can target schools and universities by integrating into the curriculum a course about reef conservation and its benefits. These can also emphasize the effects and importance of the attitudes and actions of the Filipino people towards the conservation of reefs more specifically TRNP

To raise awareness about the environmental benefits provided by Tubbataha Reef National Park, especially those communities living near the coast who will receive the protection benefits provided by aquatic organisms and the reef itself. Raising efforts can attract more people to donate and help conserve the reef as the nation will be its primary beneficiary.