MikeLigalig.com

by Rey Anthony Chiu

Tagbilaran City (15 June) -- IF a project or undertaking that goes through a process and produces outputs and whose activities is perceived to bring about negative environmental impacts need to acquire an Environmental Compliance Certificate, would the planned seismic survey at Maribojoc Bay fall under such?

The same question appears to haunt the minds of Environment Legal Assistance Center (ELAC) as openly aired by lawyer Raul Barbarona, in separate radio interviews all throughout the week.

Over the week, Bohol radio air lanes jammed with calls and texted-comments on NorAsia Energy Limited seismic survey plan, as its key leaders appeared at the Capitol for a technical presentation of the mechanics.

The survey resurfaced after more than a year when the idea of scooping natural gas deposits was floated in the Cebu-Bohol Strait, which also met slight resistance.

The seismic survey at the Maribojoc Bay in the strait, reported to cover more than 2000 square kilometers Bohol and Cebu is set to confirm the presence of natural gas deposits, and is feared to affect countless families and communities whose lives have been dependent on the seas.

According to materials distributed by project proponents, the survey involves releasing a noise of from 100 to 200 decibels from air guns to produce a three dimensional image and 2 dimensional scans of neighboring areas. The survey boat, MV Pacific Sword also tows about six kilometers of steel cables with sensors to help it achieve survey goals.

The initial blasts at 100 decibels should scare the fishes away so as not to be too stunned when the 200 decibel shots are sounded, the survey mechanics detail.

Such, environment legal eagles here note that the process indeed indicates environmental impacts and that an Environmental Impact Study (EIS) should have been considered a regular condition.

City Legal Officer Doni Piquero and Atty. Barbarona hinted that at least an Environmental Impact Assessment (EIA) should have been prepared to set the right mood for the exploration.

Moreover, the presence of the survey also bans diving and fishing activities within the periphery of at least 8.5 kilometers from the survey boat. The area also includes dive sites and resorts along Loon's Cabilao, Maribojoc Bay and Panglao-Balicasag areas.

Over this, apprehensions that the marine eco-system of the area would be severely affected by the blasts surface as the area also comprises a cetacean migration route that could potentially affect the dolphin and whale watching areas here.

The subject area is also piloted by the national government agencies for its Coastal Law Enforcement Alliance for Region 7 (CLEAR-7) and is considered by many as both an environmentally critical project (ECP) in an environmentally critical area (ECA).

Research showed that an ECP is one, which will most likely have a negative environmental impact while ECA is an area, which is ecologically, socially or geologically sensitive.

The seismic survey, which encompasses marine eco-tourism identified areas should have at least gone through a review by country's Environmental Impact System (EIS), Barbarona stressed.

The Department of Environment and Natural Resources thinks otherwise.

According to Bohol Environmental Management Bureau chief Nestor Canda, the project, being just a survey may not need an EIS, which is a requirement for an Environmental Compliance Certificate, which the department grants to proponents once the survey proves positive and drilling operations start.

Speaking at the Kapihan sa PIA, Canda said once the proponents come out with their findings and pursues with the project, then the local DENR will have to demand compliance.

NorAsian Energy Limited has accordingly acquired a Certificate of Non-Compliance (CNC) through OIC Regional Director Alan Arranguez last May 24.

With time running out as the seismic survey project proponents have indicated to start on Monday, close to five hundred placard bearing Boholanos within the areas to be affected by the survey trooped to the Governor's Mansion Friday where Governor Erico Aumentado met with local sector leaders and non-government organizations demanding transparency.

NGOS led by Bohol Alliance of Non-government Organizations, ELAC, fisherfolk organizations, the Integrated Bar of the Philippines and even resort operators have gathered signatures and awaited for the meeting with the governor results so they could file a temporary restraining order on the proposed survey.

The insisted that the project proponents set up mechanisms for detailing just compensation of fisherfolks who would be displaced during the actual operations, environmental protection and distribution of resources.

They said they would attempt to block the implementation of the survey by invoking applicable laws as they also expect the proponents to push through with the survey by using PD 605 and PD 1818.

PD 605 puts a court ban on all permits granted for natural resource use, while PD 1818 or the prohibition on government infrastructure.

City Mayor Dan Lim has expressly instructed his Legal Officer Doni Piquero, who is also a self confessed environmentalist to come up with similar legal moves to protect city fisherfolks that could be affected especially with the city declared marine reserve in the Mabaw Reef. The marine protected area is within the 10-km periphery of the survey.

Recently, in a statement, the Diocese of Tagbilaran through Bishop Leonardo Medroso asked for more massive information dissemination so people could all be appraised of their situation.

Representative Edgar Chatto and Gov. Aumentado also came out with an official statement in separate interviews and hinted a no-go, unless these are complied. (PIA)


EMB Nestor Canda with DENR CENRO Sammy Racho
during the Kapihan sa PIA. (PIA-Bohol)

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