Estimating Appropriate Fines for Ship Grounding Violations in Tubbataha Reef National Marine Park - Rina Maria P. Rosales Consultant ...

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Estimating Appropriate Fines for
Ship Grounding Violations in
Tubbataha Reef National Marine Park

Rina Maria P. Rosales
Consultant, Environmental Economics
October 2006
   Estimating Appropriate Fines for Ship Grounding Violations in Tubbataha Reef National Marine Park
Table of Contents

           Contents							                                                         Page

           Table of Contents 						                                                3

           List of Tables and Figures						                                        4

           List of Acronyms							                                                 5

           Executive Summary						                                                 6

           I. Introduction/ Objectives					                                        7

           II. Brief History of Fines for Ship Grounding 			                       8

           III. Theoretical Framework
                     Total Economic Value (TEV)				                                9

                   TEV Components of TRNMP				                                     9

           IV.Techniques in Estimating TEV of TRNMP
                   Production approach					                                        10

                   Coral reef restoration cost approach			                         10

           V. Economic Value of TRNMP
                  Production Approach
                           Recreation					                                         11

           		              Research					                                           11

           		              Fisheries					                                          12

           		              Biodiversity Conservation			                            13

           		              Total Benefits from TRNMP			                            13

                   Restoration Cost Approach				                                   14

           VI. Recommended Fines for Future Violations			                          15

           References							                                                       16

           Annex A. Goods and Ecological Services of Coral Reef                    17
           Ecosystems Identified in Moberg & Folke (1999), Presented
           in Cesar H. 2000. Coral Reefs: Their Functions, Threats and
           Economic Value

                                                                         Rina Maria P. Rosales, October 2006   
List of Tables

       Table No.               Title      							                                                       Page

       Table 2.1               Park Violations and Fines Imposed in TRNMP, 1995 to 2006                 8

       Table 2.2               Ship Grounding Fines in Selected Marine Parks                            8

       Table 5.1               Revenues from Scuba Diving Entrance Fees, TRNMP, 2001 to                 11
                               2005

       Table 5.2               Coastal Resources in TRNMP, 2006                                         11

       Table 5.3               No. of Studies Conducted in TRNMP, 1982 to 2006                          11

       Table 5.4               SSS Project Costs for TRNMP, 2006                                        12

       Table 5.5               Summary of Fish Survey Results of MSI and MERF, Tubbataha                12
                               Reefs, April 2006

       Table 5.6               Market Prices of Commercial Fish Species in TRNMP, 2006                  13

       Table 5.7               Estimated National Non-Use Values of TRNMP per Year,                     13
                               2005 Population

       Table 5.8               Annual Economic Value of TRNMP                                           13

       Table 5.9               Restoration Costs for M/Y Island Explorer Grounding at                   14
                               Apo Reef Marine Natural Park and Potential Grounding at
                               TRNMP

       Table 6.1               Recommended Fines for Ship Grounding Violations in TRNMP                 15

   Estimating Appropriate Fines for Ship Grounding Violations in Tubbataha Reef National Marine Park
List of Acronyms

     ARMNP         Apo Reef Marine Natural Park

     EEPSEA        Economy and Environment Program for Southeast Asia: International Development Research
                   Centre

     FKNMS         Florida Keys National Marine Park

     MERF          Marine Environmental Resources Foundation

     MSI           Marine Science Institute

     NUV           Non-use values

     OV            Option values

     PAMB          Protected Area Management Board

     TEV           Total Economic Value

     TMO           Tubbataha Management Office

     TPAMB         Tubbataha Reefs National Marine Park Protected Area Management Board

     TRNMP         Tubbataha Reef National Marine Park

     UNESCO        United Nations Education, Scientific and Cultural Organization

     UV            Use values

     WTP           Willingness to pay

                                                                            Rina Maria P. Rosales, October 2006   
EXECUTIVE SUMMARY

Located southeast of Puerto Princesa City, Palawan, the                         Summing up the different uses of TRNMP’s coral reefs
Tubbataha Reef National Marine Park (TRNMP) was                                 provides for an annual economic value of approximately
established as a national marine park on August 11,                             PhP 208 to 211 per sq. m. However, if ship grounding
1988 and inscribed as a UNESCO World Heritage Site in                           does occur, and coral reefs are left alone to regenerate on
1993. Its political jurisdiction lies with the municipality of                  their own, it will take the ecosystem much more than one
Cagayancillo, which in turn is located northeast of the atoll                   year to recover. Using an average number of 45 years
reefs. The area consists of two atolls made up of roughly                       for natural regeneration to occur, recommended fines for
10,000 has. of corals, reef fishes, algae and seagrasses                        ship grounding violations using the production approach
and aggregations of large megafauna like sharks and                             would thus be approximately PhP 9,500 per square meter.
cetaceans.                                                                      Meanwhile, the restoration cost method reveals an amount
                                                                                of PhP 15,000 for TRNMP coral reefs.
Despite its protection status, violations and damages to
coral reefs and marine life occur in TRNMP every now                            The TRNMP-PAMB may consider imposing a minimum fine
and then. To the extent possible, Park rangers have been                        of PhP 9,500 per sq. m. or a maximum amount of PhP
vigilant in apprehending violators and imposing fines.                          15,000 per sq.m., or an average amount of PhP 12,000
However, TMO was able to collect only PhP 605,000 from                          per square meter. This study further recommends an
ship grounding fines, since only two ships that damaged                         amendment to their current charge of PhP 4,000 per sq. m.
approximately 30 sq. m. each and one that damaged 96                            The study results show that there is enough basis for raising
sq. m. were fined. Current fines are pegged at PhP 4,000                        the fines, based on the estimated economic value of TRNMP
per square meter. Meanwhile, violations that have occurred                      coral reefs.
in other countries show fines paid are much higher. In
Apo Reef Natural Park, a ship grounding incident in 2003
occurred which resulted in fines imposed at PhP 13,000 per
sq. m. based on estimated restoration costs to rehabilitate
the area through enhanced biological restoration methods.

The need for economic valuation of such impacts was
identified to serve as an empirical basis for the computation
of fines and penalties that correspond to the level and
degree of impact for each violation. This report aims to
recommend appropriate fines specific for damages brought
about by ship grounding violations in TRNMP. Two methods
were employed to estimate the economic value of TRNMP’s
coral reefs. First, the production approach method values
the various goods and services provided by Tubbataha
Reefs, the latter being limited to activities that are allowed
in TRNMP. Second, the coral reef restoration cost approach
provides estimates of the costs involved in performing
coral transplantation and enhanced biological restoration
methods. The values to be determined in both approaches
should be treated as minimum values.

   Estimating Appropriate Fines for Ship Grounding Violations in Tubbataha Reef National Marine Park
Estimating Appropriate Fines for Ship Grounding Violations in
                             Tubbataha Reef National Marine Park

I.            INTRODUCTION/ OBJECTIVES

Located southeast of Puerto Princesa City, Palawan, the                                            impacts was identified to serve as an empirical basis for
Tubbataha Reef National Marine Park (TRNMP) was                                                    the computation of fines and penalties that correspond to
established as a national marine park on August 11,                                                the level and degree of impact for each violation. With
1988 and inscribed as a UNESCO World Heritage Site in                                              appropriate levels of fines set up, violators’ payments for
1993. Its political jurisdiction lies with the municipality of                                     environmental crimes committed within the park are hoped
Cagayancillo, which in turn is located northeast of the atoll                                      to contribute to funds set aside for park management
reefs1. The area consists of two atolls made up of roughly                                         and enforcement of laws.4 More importantly, fines and
10,000 has. of corals, reef fishes, algae and seagrasses                                           penalties can create proper incentives and disincentives
(White and Arquiza 1999) and aggregations of large                                                 with respect to environmental rules and regulations. The
megafauna like sharks and cetaceans (Dolar and Alcala                                              ten-year business plan formulated for TRNMP recommended
1993)2.                                                                                            enforcement incentives (e.g. fines and penalties) as one of
                                                                                                   the financing instruments that can contribute to increasing
Until the late 1970s, fisherfolk from Cagayancillo were the                                        compliance with Park rules.
primary users of the area. By the 1980s, it became more
popular among large scale fishing operators coming from                                            This report aims to recommend appropriate fines specific
as far as China and Taiwan, but predominantly Visayan as                                           for damages brought about by ship grounding violations
reported by Cagayanons. Cyanide and dynamite fishing                                               in TRNMP. Two methods of valuation will be used and
were introduced in the area causing damage to the reef.                                            contrasted with each other, i.e. the restoration cost method
During the same period, TRNMP became one of the most                                               and valuation of coral reefs based on fish productivity. The
popular scuba diving destinations in the country. Because of                                       second part of this report provides a historical account of
the damage being caused by destructive fishing methods,                                            ship grounding occurrences in the Park, including other
scuba divers began noticing the decrease in living corals. A                                       violations that have been recorded during the past 10
petition was made to declare the area as a protected area,                                         years. The third part provides an overview of the total
and on August 11, 1988, then President Corazon Aquino                                              economic value framework used in resource valuation.
signed Presidential Proclamation 306 declaring Tubbataha                                           The fourth part describes the two valuation methods
Reefs as the country’s first national marine park.3                                                and the techniques used in coming up with estimates of
                                                                                                   environmental damages from Park violations. The fifth
Despite its protection status, fishing violations and damages                                      part presents the actual estimates of coral reef values
to coral reefs and marine life occur in TRNMP every now                                            using the two methods described in the previous section.
and then. Improved fisheries management in the Visayan                                             Finally, the report concludes with recommendations on the
Seas has caused the exclusion of commercial fishers                                                corresponding fines and penalties that may be imposed
who are now moving their activities toward park waters.                                            against would-be violators in the Park which may be
Furthermore, increasing tourism activities and boat traffic                                        translated by TRNMP’s management into a policy instrument
contribute to the disturbance of wildlife on small islands and                                     that will help raise Park revenues, but more importantly
destruction of corals from boat grounding and dropping                                             provide proper economic disincentives that may minimize
of anchors. The need for economic valuation of such                                                environmental damages in the future.

1
    Tubbataha Management Office-KKP 2006. Primer on Tubbataha. Homeland Foundation-TMO-KKP, Puerto Princesa, Palawan, Philippines.
2
    CI-Philippines 2006. Cagayan Ridge Strategy. Sulu-Sulawesi Seascape Project, Diliman Quezon City, Philippines.
3
    Tubbataha Management Office-KKP 2006. Primer on Tubbataha. Homeland Foundation-TMO-KKP, Puerto Princesa, Palawan, Philippines.
4
    CI-Philippines 2006. Cagayan Ridge Strategy. Sulu-Sulawesi Seascape Project, Diliman Quezon City, Philippines.

                                                                                                                                     Rina Maria P. Rosales, October 2006   
II.                 BRIEF HISTORY OF FINES FOR SHIP GROUNDING

Over the years, numerous Park violations have occurred in                                                       In Apo Reef Natural Park, a ship grounding incident in
the waters of TRNMP. To the extent possible, Park rangers                                                       2003 occurred in which according to the coral reef survey,
have been vigilant in apprehending violators and imposing                                                       a total of 225 species of fish representing 30 families were
fines. The number of violations and the corresponding fines                                                     intercepted. The grounding caused reef damage in 2,910
imposed can be summarized into the following:                                                                   sq. meters. Restoration costs using the coral transplantation
                                                                                                                method were estimated at PhP 38,260,5215 or close to
                        Table 2.1 Park Violations and Fines Imposed in TRNMP, 1995 to 2006                      PhP 13,000 per sq. m. This became the basis of the fines
        Violation              No.         Average Area        Years Covered      Range of Penalties Imposed    imposed on the ship owner to settle the damages they
                                             Affected
                                                                                                                caused in the Park.
     Ship grounding            11          319 sq. m. per      2003 – 2005          PhP 4,000/ sq. m. (4
                                             grounding                                     cases)
       Illegal entry           61               n/a            1995 – 2006           PhP 5,000 (3 cases)        Meanwhile, violations that have occurred in other countries
                                                                                     PhP 65,000 (1 case)
                                                                                    PhP 120,000 (1 case)
                                                                                                                show fines paid are much higher. In the US, a ship
                                                                                    US$100,000 (1 case)         grounding incident in the Florida Keys National Marine
       Gathering of             2               n/a                2006                      n/a                Sanctuary was fined6 as high as US$ 481 per sq. m.
    threatened species
                                                                                                                (approximately PhP 24,000 per sq. m.), while another
    Misdeclaration of           5               n/a            2003 – 2006        PhP 5,000/ passenger for
       passengers                                                                         surcharge             grounding incident involving a research vessel of the
                                                                                 PhP 2,600/ pax for entry fee
                                                                                                                University of Miami (R/V Columbus Iselin) settled for US$
      Illegal fishing           5               n/a            2000 – 2005                   n/a
                                                                                                                3.76 million in natural resource damage claims, including
Source: Tubbataha Management Office (TMO), 2006
                                                                                                                a $200,000 civil penalty7. The latter amount was used to
                                                                                                                fund physical and biological restoration and monitoring
Ship grounding violations may have occurred earlier                                                             of the Columbus Iselin site, as well as compensatory
than 2003. However, records of the TMO reveal that                                                              restoration and monitoring elsewhere in the sanctuary.
apprehensions and strict implementation of Park rules                                                           Approximately 500 groundings are reported to occur in
regarding ship grounding started only in 2003. Current                                                          the FKNMS every year. In Australia, one particular ship
fines for ship grounding are pegged at PhP 4,000 per sq.                                                        grounding incident in the Great Barrier Reef Marine Park
m.                                                                                                              was fined8 A$ 733 per sq. m. (approximately PhP 28,000
                                                                                                                per sq. m.).
There were 11 violators caught and fined during the past 3
years. Out of these, one occurred in 2003, six in 2004 and                                                      Table 2.2 contains a summary of ship grounding fines in
four in 2005. However, only four of these were imposed                                                          some marine parks other than TRNMP.
fines: two in 2005 and one each on the previous years.
                                                                                                                                       Table 2.2 Ship Grounding Fines in Selected Marine Parks
The average area affected was 319 sq. m. per violation.                                                            Marine Park             Location.          Size of Area      Total Fine Assessed    Fine Assessed/
Three violations were in the range of 30 sq. m. each,                                                                                                       Affected (sq. m.)                              sq. m.

one affected 96 sq. m., two affected 120 sq. m., one                                                             Apo Reef Marine      Mindoro Oriental,          2,910           PhP 38,260,521         PhP 13,148
                                                                                                                      Park               Philippines
damaged 200 sq. m., one damaged 560 sq. m. and the
                                                                                                                   Florida Keys          Florida, USA            1,175            US$ 565,796           US$ 482 or
largest estimated damage was at 1683 sq. m. As of this                                                            National Marine                                                                       PhP 24,1009
                                                                                                                    Sanctuary
writing, TMO was able to collect only PhP 605,000 from
                                                                                                                   Florida Keys          Florida, USA             502            US$3.76 million      US$ 7490 or PhP
ship grounding fines, since only two ships that damaged                                                           National Marine                                                                        374,502
approximately 30 sq. m. each and one that damaged 96                                                                Sanctuary

sq. m. were fined.                                                                                               Great Barrier Reef   Great Barrier Reef,        1500             A$ 1.1 million        A$ 733 or
                                                                                                                    Marine Park           Australia                                                    PhP 27,85410

5
   Bringas, J. et. al. 2004. Coral Reef Damage Assessment: M/Y Island Explorer Grounding Site Restoration, Apo Reef Marine Natural Park. Ateneo de Manila University, Diliman, Quezon City, Philippines.
6
   Fine levied against MSC San Diego that ran aground in the Florida Keys National Marine Sanctuary in 2002.
7
   Columbus Iselin Coral Reef Restoration Project.
8
   Fine levied against MV Doric Chariot which ran aground in the Northern Section of the Great Barrier Reef Marine Park in 2002.
9
   At PhP 50 = US$1
10
    At PhP 37 = A$1

         Estimating Appropriate Fines for Ship Grounding Violations in Tubbataha Reef National Marine Park
III.           THEORETICAL FRAMEWORK

TOTAL ECONOMIC VALUE (TEV)                                                                               future. In fact, certain breakthroughs in biotechnology
                                                                                                         suggest that biodiversity may have even greater value in
Economics approaches the problem of valuing                                                              the future than it does at present. Protected areas thus
environmental goods and services from an anthropocentric                                                 provide an option for potential discoveries of plants and
perspective11. It tries to measure value with respect to                                                 animals that may prove beneficial in the future. Given
human preferences and needs. Hence, economic valuation                                                   this, society as a whole may be willing to pay to retain the
refers to people’s willingness to pay for an environmental                                               option of having future access to a certain species or level
good. It is a measure of people’s preferences relative                                                   of diversity. As the demand for biological resources grows
to other goods in society. In economic terms, it is about                                                while the supply continues to dwindle, their value is likely to
finding the demand curve for environmental goods and                                                     increase13.
services. These economic valuation techniques are then
applied to determine whether various development options                                                 Existence values are defined as the WTP of people merely
and their resulting impact on environmental loss or gain,                                                to ensure the continued existence of a certain species or
will either improve the welfare of individuals or not.                                                   ecosystem. It is the benefit accruing to an individual just by
The use of money to measure the demand curve allows                                                      knowing that the resource exists. An example would be the
comparison across other goods in society, so that the                                                    monetary contribution people make to save the blue whale
relative preferences of people can be measured.                                                          even without neither having seen one nor being able to
                                                                                                         see one in the future. This is significant particularly among
Economic valuation, as it is currently practiced, stems from                                             people in developed countries. The ethical dimension is
the Total Economic Value (TEV) framework. The TEV of any                                                 important in determining the existence value, which reflects
environmental good or service is made up of two major                                                    sympathy, responsibility and concern that some people may
components: use values (UV) and non-use values (NUV).                                                    feel toward certain species and ecosystems.
Use values can further be broken down into direct and
indirect uses, while non-use values are composed of option,                                              Finally, bequest values are measures of benefits people
existence and bequest values.                                                                            attach to resources so that future generations may avail of
                                                                                                         the same benefits that accrue to the present generation.
Direct use values refer to values derived from actual use of                                             These values are often considered to provide a lot of the
the good either for direct consumption or production. On                                                 economic justification for preserving natural lands (Krutilla
the other hand, indirect use values are benefits derived                                                 and Fisher, 1975), and they seem to dominate all other
from ecosystem functions, such as a coral reef’s function                                                benefits of wilderness in the minds of some people. It
in controlling storms and floods. These are values derived                                               is also one of the best ways to ensure inter-generational
from resources that are not consumed, traded or reflected in                                             equity.
national income accounts. They usually accrue to society as
a whole, rather than to individuals or corporate entities.
                                                                                                         TEV COMPONENTS OF TRNMP
Option values are those that approximate an individual’s
willingness to pay (WTP) in order to ensure that the good                                                Coral reefs in TRNMP have tremendous value owing
can be accessed at a later date. OVs are some sort                                                       to the fact that the area has been proclaimed not just a
of insurance values, in which people assign values to                                                    nationally protected area under the NIPAS Act14, but also
risk aversion in the face of uncertainty12. Nobody can                                                   as a UNESCO World Heritage Site in 1993. There are
determine how important a certain species will be in the                                                 undoubtedly large amounts that can be attributed to non-use
11
     Randall, 1991, In Barbier, Burgess and Folke.
12
     McNeely, Jeffrey A.
13
     McNeely, Jeffrey A.
14
     National Integrated Protected Areas System, or NIPAS Act, was passed into law by Philippine Congress in 1992.

                                                                                                                              Rina Maria P. Rosales, October 2006        
values. One study has been conducted towards estimating                                                services, biogeo-chemical services, information services and
such values for TRNMP, which reveals a total of PhP 141 to                                             social and cultural services.
269 million as the total non-use value of the Park for three
big cities in the country.                                                                             Meanwhile, direct goods come in the form of seafood
                                                                                                       products, raw materials and medicines, curio and jewelry,
Indirect use values of coral reefs come in the form of                                                 and live fish and coral collected for aquarium trade. As far
ecological services they provide. A summary of these has                                               as direct use values are concerned, the protected status of
been provided by Moberg and Folke (1999) and adapted                                                   TRNMP has limited the use of the reefs to only a few human
in Cesar, H. (2000) (see Annex A). Such ecological                                                     activities such as recreational scuba diving and research.
services are composed of physical structure services, biotic                                           Fishing is totally banned in the area.

IV.            TECHNIQUES IN ESTIMATING TEV OF TRNMP

Various statistical and econometric techniques have been                                                      range of objectives and techniques15. Such mechanisms
employed in estimating the various components of TEV. For                                                     involve a number of cost components such as capital,
purposes of this report, two methods will be employed to                                                      operational and labor costs. Capital costs include both
estimate the economic value of TRNMP’s coral reefs, and                                                       pre-construction and construction costs. Operational
in effect the damages brought about by ship grounding in                                                      costs materials, equipment, staff wages, expenses and
TRNMP, namely:                                                                                                general administration costs. Finally, labor costs involve
                                                                                                              all costs for supervision, training and labor in actual
        A. Production approach. This method will value the                                                    restoration activities. Estimating the cost of restoring
        various goods and services provided by Tubbataha                                                      is a valuation technique used to value coral reefs. If
        Reefs. It gives an estimate of the environmental goods                                                ship grounding occurs, the damage can be said to be
        and services naturally “produced” by coral reefs. Not                                                 equivalent to the cost of having the coral reef restored.
        all goods and services will be measured, since not
        all are easily measured or have available data (see                                            The determination of appropriate fines for ship grounding
        Annex A for list of environmental goods and services                                           will thus depend on the value of the coral reefs in question.
        provided by coral reefs). Instead, goods and services                                          Both techniques will be employed to determine the range
        will be limited to activities that are allowed in TRNMP,                                       of economic values of TRNMP coral reefs. Note though that
        i.e. recreational diving and research, coupled with fish                                       the values to be determined should be treated as minimum
        productivity to serve as proxy for indirect use values,                                        values. In the production approach, only direct and non-
        and non-use values. The value of TRNMP coral reef                                              use values are being considered, with one proxy value
        production then becomes the value of environmental                                             to represent indirect use benefits. There are still numerous
        damages brought about by ship grounding.                                                       indirect benefits being provided by coral reefs that are
                                                                                                       not being included in this equation. On the other hand,
        B. Coral reef restoration cost approach. An increasingly                                       the restoration cost method is seen as producing minimum
        popular way of dealing with damaged coral reefs is                                             values since there may be other expenditures that may
        coral reef restoration. Numerous attempts at restoring                                         actually be incurred if the restoration activity is seen as
        coral reefs are currently being undertaken with a wide                                         necessary16.

15
     NCRI 1999. In Spurgeon, J. 2000. Economics of Coral Reef Restoration. Collected Essays on the Economics of Coral Reefs. CORDIO, Kalmar University, Kalmar, Sweden.
16
     Bautista, G. et. al. 2006. Manual on Resource Vauation for Local Decision Making in Important Biodiversity Areas. REECS, Quezon City, Philippines.

10         Estimating Appropriate Fines for Ship Grounding Violations in Tubbataha Reef National Marine Park
V.            ECONOMIC VALUE OF TRNMP
                                                                                                              Coastal Resources                       Hectares                             Km2
                                                                                                               Sand + Seagrass                         41.11                               0.41
A. Production Approach
                                                                                                                  Sand Cay                              8.09                               0.08
                                                                                                                Dense Algae                            41.72                               0.42
In estimating the production value of TRNMP’s coral reefs,
                                                                                                               Dense Seagrass                          35.50                               0.36
the relevant TEV components are examined individually as
                                                                                                                  Sea Grass                            47.28                               0.47
presented below.
                                                                                                                   Lagoon                             4840.84                             48.41

                                                                                                      Source: CI, 2006
Recreation

                                                                                                      The relevant area for estimating the recreational value
Despite the difficulties in accessing them, TRNMP coral
                                                                                                      of TRNMP would be the coral reefs, which is the main
reefs are highly popular diving spots in the country. The
                                                                                                      resource utilized for scuba diving purposes (2956.5 has.
diving season lasts for only four months in a year, during
                                                                                                      or 29.56 km2). According to Mr. George Choy17, owner
which numerous scuba divers visit the area. The PAMB has
                                                                                                      and operator of M/Y Tri-Star18, only around 30% of coral
imposed entrance fees for both foreign and local divers.
                                                                                                      reefs in the two atolls in TRNMP are being utilized for
The amount has increased through the years, and is now
                                                                                                      diving purposes. Hence, the total area relevant for scuba
pegged at PhP 3,000 for both local and foreign visitors
                                                                                                      recreational diving would be 886.8 has. or 8.868 sq.
since 2005. Table 5.1 contains a summary of revenues
                                                                                                      km. Using the latest revenue figures from TPAMB, the
earned by the PAMB from entrance fees:
                                                                                                      recreational value of TRNMP would be PhP 3479 per ha. or
                                                                                                      PhP 0.35 per sq. m.
               Table 5.1 Revenues from Scuba Diving Entrance Fees, TRNMP, 2001 to 2005
                            Year                                  Revenues From Entrance Fees (PhP)
                           2001                                              1,599,512
                                                                                                      Research
                           2002                                              1,223,039
                           2003                                              1,761,210
                                                                                                      On the other hand, scientific interest in Tubbataha reefs
                           2004                                              2,305,780
                                                                                                      has been steadily increasing. During the 80s, only five
                           2005                                              3,085,518
                                                                                                      commissioned studies were conducted in the area, starting
Source: TMO, 2006
                                                                                                      in 1982. The following decade saw a 200% increase in the
                                                                                                      number of studies. For this current decade, within a span of
The Park consists of 33,200 hectares most of which is
                                                                                                      six years, the number of studies has increased to 24, with
naturally composed of water. The major coastal resources
                                                                                                      an average cost of PhP 180,000 per study. Only six out
found within the Park can be broken down into the
                                                                                                      of the 24 studies had costs available, though. Table 5.3
following:
                                                                                                      provides a summary of the number of studies in TRNMP:

                                   Table 5.2 Coastal Resources in TRNMP, 2006
                                                                                                                              Table 5.3 No. of Studies Conducted in TRNMP, 1982 to 2006
          Coastal Resources                         Hectares                             Km2
                                                                                                                   Decade                           No. of Studies                  Ave. Cost per Study
                Coral                               1317.40                              13.17
                                                                                                                   1980s                                  5                                n/a
           Rubble + Coral                           1341.31                              13.41
                                                                                                                   1990s                                 15                                n/a
            Sand + Coral                            297.79                               2.98
                                                                                                                 2000-2005                               24                         PhP 180,000.00 19
                Sand                                1007.06                              10.07
                                                                                                                TOTAL to date                            44                          PhP 180,000.00
          Sand + Seaweeds                            41.94                               0.42
                                                                                                      Source: TMO, 2006

17
     Personal communication between Mr. George Choy and Ms. Angelique Songco, TRNMP PASu
18
     Tri-Star is the longest-running scuba diving boat ferrying visitors to and from TRNMP
19
     Refers to six studies only

                                                                                                                                       Rina Maria P. Rosales, October 2006                                11
For the six studies with costs indicated, three of these were                                             commercial value of its fisheries will be used as a minimum
related to islands and islets, with an average amount of PhP                                              amount to indicate the value of indirect benefits of TRNMP’s
127,538. Only two studies relating to coral reefs had costs                                               coral reefs.
indicated, with an average cost of PhP 204,372 per study.
No data was available on the area covered for each of                                                     Fish production is reflected through fish density and
these studies. This figure may thus not be a realistic amount                                             biomass statistics in TRNMP. The most recent (April 2006)
to use as the research value of the reefs.                                                                survey of the Marine Science Institute (MSI) and Marine
                                                                                                          Environmental Resources Foundation (MERF) shows an
Starting in 2006, CI has been conducting its own research                                                 extremely high level of fish diversity and abundance in
among the three marine biodiversity corridors through                                                     Tubbataha reefs. There were over 150 target fish species
the Sulu-Sulawesi Seascape (SSS) Project. Research costs                                                  and 132 major fish species observed in the area. Table 5.5
amount to almost PhP 15.4 million on an annual basis (see                                                 contains a summary of the 2006 survey results of MSI and
Table 5.4). Hence, the research value of TRNMP amounts to                                                 MERF:
PhP 464 per ha. per year.
                                                                                                                 Table 5.5 Summary of Fish Survey Results of MSI and MERF, Tubbataha Reefs, April 2006
                                       Table 5.4 SSS Project Costs for TRNMP, 2006                                Indicator           Average Abundance          Average Density         Average Biomass,
                                                                                                                                     (individuals/1000m2)        (individuals/m2)           g/1000m2
                      SSS Study Component                                 Total Annual Amount, in PhP
                                                                                                                Target Species             643.29                   0.64329                 197,527.8
         Completing the connectivity cycle for adaptive                              885,502
                         management                                                                             Coral Indicator           271.2857                  0.27129                  14,837.8

              Marine mammal survey and training                                      666,667                    Major Species             5268.857                  5.268857                 54,072.2

     TRNMP Law Enforcement, SeaBird Banding, and PMMRS                            1,588,446                          Total                 6,183.43                   6.18                  266,437.8
                      Capacity Building
                                                                                                          Source: MSI/MERF, 2006
       Investigating Biodiversity Corridors in the Sulu Sea:                      1,550,000
            Distribution and Dispersal of Fish Larvae
              Marine Biodiversity Corridor Profiling                                 691,667              Commercial prices of target fish species for food range
                           IEC Activities                                         1,100,000               from a low of PhP 80 per kilo (goatfish) to a high of PhP
                      Enforcement activities                                      8,350,000               250 per kilo (grouper and snapper)20, while aquarium fish
        Seabird surveys and training in the Sulu Sulawesi                            563,217              prices range from PhP 75 to 150 per piece21 (see Table
                           Seascape
                                                                                                          5.6). Looking at only the commercial value of target species
                             TOTAL                                              15,395,498
                                                                                                          sans live fish trading, and assuming production costs of
                                                                                                          20%22, the net value of fisheries in TRNMP would amount to
                                                                                                          PhP 20423 per sq.m. This is still a very conservative figure,
Fisheries                                                                                                 considering the much higher value accruing to live fish
                                                                                                          trading. Many of such species traded in the live fish sector
Capture fishing is not allowed in TRNMP. Nevertheless,                                                    are found in Tubbataha reefs. Furthermore, only commercial
fisheries in the area provide the attraction for scuba diving.                                            target species were included in the calculations, and other
Furthermore, the area has been proven to be a source                                                      major species found within TRNMP reefs were excluded
of fish larvae whose benefits extend beyond the borders                                                   from the analysis.
of TRNMP and become the source of municipal and
commercial fish catch in areas outside the Park. Finally,
the Park’s coastal resources provide for numerous indirect
benefits as enumerated in Annex A. This report does not
have the benefit of doing a primary survey for estimating
values for each and every use of coral reefs. Rather, the

20
     Quezon City wet markets, 2006
21
     Bioresearch, 2006
22
     Bureau of Agricultural Statistics, 1993. In White, A. et. al. 2000. Benefits and Costs of Coral Reef and Wetland Management, Olango Island, Philippines. CORDIO, Kalmar University, Sweden.
23
     Assuming production costs of 20% of total value (BAS 1993; in White, et. al. 2000))

12           Estimating Appropriate Fines for Ship Grounding Violations in Tubbataha Reef National Marine Park
Table 5.6 Market Prices of Commercial Fish Species in TRNMP, 2006                to cover the whole country’s urban population, and using
            Common Name                           Unit Price                 Value for TRNMP, PhP/m2   the results of the study showing 41% of urban households
             Surgeon fish                          165/k                                  6.6          responding positively to the survey (i..e. willing to pay to
               Grouper                             250/k                                  1.7          conserve TRNMP), the national urban non-use value of
               Snapper                             225/k                                  6.5          Tubbataha reefs can be estimated to be in the range of PhP
                 Jacks                             180/k                                  2.8          724 million to 1.4 billion annually. If we further assume that
              Parrot fish                          130/k                                  1.9          41% of rural households would be willing to pay half of this
                Wrasse                             200/k                                  0.7          amount, total rural non-use values would amount to PhP 392
               Fusiliers                           100/k                                  2.0          million to 738 million annually. On a per hectare basis,
              Trigger fish                         110/k                                  4.6          this translates to a value of PhP 21,796 to 41,039 per ha.
              Rabbit fish                          165/k                              0.07             for the urban population, PhP 11,806 to PhP 22,229 for
             Squirrel fish                         120/k                              0.01             the rural population, or PhP 33,602 to PhP 63,268 for the
               Goat fish                            80/k                                  0.4
                                                                                                       whole country.
                Bisugo                              80/k                              0.09
              Lizard fish                           80/k                             0.0002
                                                                                                                  Table 5.7 Estimated National Non-Use Values of TRNMP per Year, 2005 Population
              Angel fish                           75/pc                                  19
                                                                                                                                          Urban                    Rural                     Total
               Sweetlips                           100/pc                             203
                                                                                                        No. of Households, 2005         8,185,056                8,867,144                17,052,200
           Clowntrigger fish                       100/pc                                 3.4                 Population24
               Bat fish                            150/pc                                 1.1                 Ave. WTP 25            PhP 216 – 40626           PhP 108 – 203
             Other species                         100/k                                  0.8                 Social WTP            PhP 724 M to 1.4 B      PhP 392 M to 738 M         PhP 1.1 B to 2.1 B
                               Gross Value                                            255                    NUV per ha.           PhP 21,796 – 41,039      PhP 11,806 – 22,229      PhP 33,602 – 63,268
                                Net Value                                             204

Sources: Farmers’ Market, QC; NEPA Q-Mart, QC; Bioresearch, QC

                                                                                                       Total Benefits from TRNMP

Biodiversity Conservation                                                                              Summing up the different uses of TRNMP’s coral reefs
                                                                                                       provides for an annual economic value of approximately
Turner and Pearce (1993) describe non-use values as                                                    PhP 208 to 211 per sq. m., broken down as follows:
reflective of people’s preferences, but include concern
for, sympathy with, and respect for the rights or welfare                                                                           Table 5.8 Annual Economic Value of TRNMP
of non-human beings. The non-use values of TRNMP                                                             Type of Value        Total Annual Value, PhP    Value per Ha., PhP      Value per sq. m., PhP
were measured in an EEPSEA-funded survey conducted                                                            Recreation                3,085,518                  3,479                     0.348
by Subade (2005) entitled “Valuing Biodiversity                                                                Research                15,395,498                   464                      0.05
Conservation in a World Heritage Site: Citizens’ Non-Use                                                    Fish Production             6,789,400                2,040,000                    204
Values for Tubbataha Reefs National Park, Philippines”.                                                        Non-Use                1.1 B to 2.1 B          33,602 – 63,268            3.36 – 6.33
Results reflected a high willingness to pay for continued                                                       TOTAL               1,125,270,416               2,077,545             207.76 – 210.73
                                                                                                                                   – 2,125,270,416             – 2,107,211
preservation of the Park’s coral reefs and other marine
resources. The total non-use value, which was mostly
composed of bequest values (i.e. people willing to pay                                                 Note that these figures are still conservative in nature.
to preserve the reefs for future generations to enjoy), was                                            Not all indirect benefits were included in the calculations.
estimated at a low of PhP 141 million to a high of PhP 269                                             Moreover, conservative assumptions were used, especially
million. These figures, however, covered households of                                                 in computing for national non-use values, wherein
only the three cities surveyed. If the figures are extended                                            household rather than individual population figures were
24
     National Statistics Office, 2005 Population Projections
25
     Subade, R.
26
     Assumption: Rural WTP = 50% of Urban WTP

                                                                                                                                      Rina Maria P. Rosales, October 2006                                   13
considered, and only 41% of total population was assumed                                                    PhP 13,000 per sq. m. Using the same set of assumptions
to be willing to pay for conserving TRNMP.                                                                  in restoring potential damaged coral reefs in TRNMP, and
                                                                                                            adjusting for gasoline costs to get to the area29, restoration
                                                                                                            costs for TRNMP would amount to approximately PhP
B. Restoration Cost Approach                                                                                44 million, or PhP 15,000 per sq. m. The breakdown of
                                                                                                            expenses is presented in the table below:
Coral reef restoration is defined as “human intervention that
is designed to accelerate the recovery of damaged habitats,                                                    Table 5.9 Restoration Costs for M/Y Island Explorer Grounding at Apo Reef Marine Natural Park and
or to bring ecosystems back to as close an approximation                                                                                               Potential Grounding at TRNMP
as possible to their pre-disturbance states27.” For purposes                                                                       Component                           No. of Months    Total Cost,   Total Cost, TRNMP
                                                                                                                                                                                         ARNMP
of this study, restoration methods considered are largely
                                                                                                                             Organizational Building                        1           488,000           488,000
based on the recommendations made for the Apo Reef
                                                                                                                           Emergency Biological Triage                      6           1,957,690        2,339,290
Marine Natural Park (ARMNP) ship grounding incident
                                                                                                                   Strategic Completion of Salvage Operations               2           1,820,400        1,947,600
that occurred in December 2003. This method draws from
                                                                                                               Stabilization of Substrate and Structural Restoration        21         11,224,770       12,560,370
the experience of previous restoration activities for the
                                                                                                                              Coral Transplantation                         42          9,625,420       12,296,620
grounding of the M/V Alec Owen Maitland and the M/V
                                                                                                                         Enhanced Biological Restoration                    36          7,585,020        7,585,020
Elpis and M/V Wellwood in the Key Largo portions of the
                                                                                                                    Administration Cost (10% of project cost)                           3,270,130        3,721,690
Florida Keys National Marine Sanctuary (FKNMS), and
                                                                                                                       Monitoring Cost (5% of project cost)                 12          1,635,065        1,860,845
the R/V Columbus Iselin in the Looe Key portion of the
                                                                                                                 Maintenance of equipment (2% of project cost)                          654,026           744,338
FKNMS. The same analysis was used for the grounding
                                                                                                                                     TOTAL                                 120         38,260,521      43,543,773
of the M/Y Island Explorer in ARMNP. It consists of both
                                                                                                                                  Cost per sq. m.                                        13,148           14,964
physical and biological restoration, the latter consisting of
                                                                                                            Source (except for TRNMP column): Bringas, J. et. al. 2005. Coral Reef Damage Assessment: M/Y
coral transplantation and the use of enhanced biological                                                    Island Explorer Grounding Site Restoration. Haribon Policy Paper No. 1. Haribon Foundation,
methods.                                                                                                    Quezon City, Philippines.

The alternative considered for the Apo Reef grounding                                                       Note that the high costs associated with coral reef
incident consisted of four basic restoration methods:                                                       restoration are partly due to the time frame allotted to
substrate stabilization, structural restoration, transplantation                                            complete the whole process. It is estimated to take a total
and enhanced biological restoration. Substrate stabilization                                                of 10 years to go through all the phases involved. This may
was deemed important because restoration without                                                            be due to the observation that “loss of habitat due to vessel
stabilization is said to have a high likelihood of failure                                                  groundings severely impedes or precludes re-establishment
due to the potential for continued erosion of the underlying                                                of the pre-injury reef community without recreating the
substrate. Structural restoration, on the other hand,                                                       original topographic structure and habitat complexity
would recreate the pre-injury state of the reef. Finally,                                                   (Pearson 1981; Miller et. al. 1993; Jaap 2000; Hudson
transplantation with enhanced biological methods would                                                      and Goodwin 2001),30” requiring a process that takes a
result in fewer environmental costs and more potential                                                      long time to complete.
benefits to increase recovery of the benthic community.28
                                                                                                            The figures encompass all types of costs in restoring coral
The restoration would occur in a heavily used recreational                                                  reefs, including transportation costs of the team of experts
dive and snorkel area. Given the total damaged area                                                         and scientists that may be involved in the process. The
in ARMNP equal to 2,910 sq. m., total restoration costs                                                     ARMNP estimates are still conservative, considering that
would amount to PhP 38 million, producing an average of                                                     transportation costs from Manila to Sablayan and back

27
     Yap, H. 2000. The case for restoration of tropical coastal ecosystems. Ocean & Coastal Management 43 (2000) 841-851. Elsevier Science, Ltd.
28
     Haribon 2005. M/Y Island Explorer Grounding Site Restoration. Haribon Policy Paper No. 1. UP Village, Quezon City, Philippines.
29
     Gasoline expenses for ARNMP are assumed to be at 20 liters per trip, at PhP 17 per liter. Actual gasoline expenses for TRNMP are 60 liters per trip, at PhP 41 per liter (source: TMO 2006)
30
     In Tilmant, J. et. al. Restoration of Coral Reef Habitats Within the National Park System. Protecting Oceans and Their Coasts..

14         Estimating Appropriate Fines for Ship Grounding Violations in Tubbataha Reef National Marine Park
were not included in the computations. There was thus                                                     fare to and from Puerto Princesa (PhP 5,600) is 1.5 times
the implicit assumption that either all experts will be hired                                             the fare to and from Sablayan, Mindoro Oriental (PhP
locally, or that transportation expenses of experts will not be                                           3,500), while the boat fare is three times more expensive
borne by the project. The estimated figures for TRNMP may                                                 (PhP 1,000 and 300, respectively)31. Therefore, the
even be more conservative. TRNMP is less accessible than                                                  estimated cost per square meter of potential coral reef
Apo Reef, hence transportation costs to get to Tubbataha                                                  damage may be considered to be a reasonable basis for
will necessarily be much higher. For one thing, the plane                                                 fines against ship grounding violations.

VI.            RECOMMENDED FINES FOR FUTURE VIOLATIONS

The analysis presented above reveals two sets of figures that                                             sq. m. of coral reef damage due to ship grounding. As
can be used as basis for ship grounding fines in TRNMP.                                                   the study results have shown, there is enough economic
Using the production approach, the value of benefits                                                      basis for raising the fines to much higher levels, based on
derived from TRNMP coral reefs amounts to PhP 208 to                                                      the estimated economic value of TRNMP coral reefs. The
211 per square meter per year. However, if ship grounding                                                 recommended levels are summarized in the table below.
does occur, and coral reefs are left alone to regenerate on
their own, it will take the ecosystem much more than one                                                                     Table 6.1 Recommended Fines for Ship Grounding Violations in TRNMP
year to recover. According to expert opinion, the fastest                                                                  Fine                       Amount, in PhP/m2                 Valuation Method
natural regeneration rate ever recorded for coral reefs has                                                              Minimum                           9,500                      Production Approach
been 20 years, in the Great Barrier Reef in Australia. Some                                                              Maximum                           15,000                   Restoration Cost Approach

coral reefs take as long as 70 years to regenerate back to                                                               Average                           12,000

their original size32. Given this huge discrepancy, this study
recommends using the average number of years, i.e. 45
years, in determining fines for ship grounding violations.
Recommended fines for ship grounding violations using
the production approach would thus be approximately PhP
9,500 per square meter.

On the other hand, using the restoration cost approach,
fines would be in the range of PhP 15,000 per square
meter.

The TRNMP-PAMB may consider imposing a minimum fine
of PhP 9,500 per sq. m. or a maximum amount of PhP
15,000 per sq.m., depending on the valuation approach
it would like to use as basis. Still, it may wish to get the
average of the minimum and maximum amounts, i.e. PhP
12,000 per square meter, as the new fine to impose.
But whatever decision it makes, this study recommends
an amendment to their current charge of PhP 4,000 per

31
     Plane and boat fares are current rates for 2006
32
     Personal communication with Ms. Miledel Quibilan, Marine Science Instittue, UP Diliman, Quezon City, Philippines.

                                                                                                                                           Rina Maria P. Rosales, October 2006                                  15
REFERENCES

Barbier, E.B.; Burgess, J; and Folke, C. (eds.) 1994. Paradise lost?            National Integrated Protected Areas System, or NIPAS Act, was
The ecological economics of biodiversity. London, UK; Earthscan                 passed into law by Philippine Congress in 1992
Publications, Limited.
                                                                                National Statistics Office, 2005 Population Projections
Bautista, G. et. al. 2006. Manual on Resource Vauation for Local
Decision Making in Important Biodiversity Areas. REECS, Quezon                  Spurgeon, J. 2000. Economics of Coral Reef Restoration.
City, Philippines.                                                              Collected Essays on the Economics of Coral Reefs. CORDIO,
                                                                                Kalmar University, Kalmar, Sweden.
Bioresearch, Quezon City, Philippines. 2006
                                                                                Nepa-Q Mart, Quezon City, Philippines. 2006
Bringas, J. et. al. 2004. Coral Reef Damage Assessment: M/Y
Island Explorer Grounding Site Restoration, Apo Reef Marine                     Subade, Rodelio F. 2003. Valuing Biodiversity Conservation in a
Natural Park. Ateneo de Manila University, Diliman, Quezon City,                World Heritage Site: Citizens’ Non-use Values for Tubbataha Reefs
Philippines                                                                     National Marine Park, Philippines. Economy and Environment
                                                                                Program for Southeast Asia (EEPSEA), Singapore.
Bureau of Agricultural Statistics, 1993. In White, A. et. al. 2000.
Benefits and Costs of Coral Reef and Wetland Management,                        Tubbataha Management Office-KKP 2006. Primer on Tubbataha.
Olango Island, Philippines. CORDIO, Kalmar University, Sweden.                  Homeland Foundation-TMO-KKP, Puerto Princesa, Palawan,
                                                                                Philippines.
Cesar H. 2000. Coral Reefs: Their Functions, Threats and
Economic Value. Collected Essays on the Economics of Coral                      www.coast.ph
Reefs. CORDIO, Kalmar University, Kalmar, Sweden.
                                                                                www.diveglobal.uk
CI-Philippines 2006. Cagayan Ridge Strategy. Sulu-Sulawesi
Seascape Project, Diliman Quezon City, Philippines.                             www.lakbaypilipinas.com

Farmers Market, Quezon City, Philippines. 2006.                                 www.philippine-travel.co.uk

Haribon 2005. M/Y Island Explorer Grounding Site Restoration.                   Yap, H. 2000. The case for restoration of tropical coastal
Haribon Policy Paper No. 1. UP Village, Quezon City, Philippines.               ecosystems. Ocean & Coastal Management 43 (2000) 841-851.
                                                                                Elsevier Science, Ltd.
Tilmant, J. et. al. Restoration of Coral Reef Habitats Within the
National Park System. Protecting Oceans and Their Coasts.

McNeely, Jeffrey A. 1989. Economics and biological diversity:
Developing and using economic incentives to conserve biological
resources. Columbia University Press, New York, USA.

Moberg, F. & Folke, C. 1999. Ecological goods and services of
coral reef ecosystems, Ecological Economics, Vol. 29, pp. 215-
233.

16    Estimating Appropriate Fines for Ship Grounding Violations in Tubbataha Reef National Marine Park
ANNEX A

                                Goods and Ecological Services of Coral Reef Ecosystems Identified in Moberg & Folke (1999),
                                   Presented in Cesar H. 2000. Coral Reefs: Their Functions, Threats and Economic Value

                             Goods                                                                                                           Ecological Services
   Renewable Resources                Mining of Reefs         Physical Structure Services      Biotic Services (w/in       Biotic Services (between       Biogeo-chemical services    Information Services      Social and Cultural Services
                                                                                                    ecosystems)                   ecosystems)
     Seafood products             Coral blocks, rubble/sand      Shoreline protection        Maintenance of habitats      Biological support through         Nitrogen fixation       Monitoring and pollution       Support recreation
                                         for building                                                                           “mobile links”                                                record
    Raw materials and            Raw materials for lime and        Build up of land         Maintenance of biodiversity   Export organic production        CO2/Ca budget control         Climate control        Aesthetic values and artistic
       medicines                    cement production                                          and a genetic library       etc. to pelagic food webs                                                                     inspiration
 Other raw materials (e.g.           Mineral oil and gas       Promoting growth of           Regulation of ecosystem                                         Waste assimilation                                 Sustaining the livelilhoods
         seaweed)                                             mangroves and seagrass         processes and functions                                                                                                 of communities
                                                                      beds
     Curio and jewelry                                        Generation of coral sand      Biological maintenance of                                                                                               Support of cultural,
                                                                                                    resilience                                                                                                     religious and spiritual
                                                                                                                                                                                                                           values
Live fish and coral collected
    for aquarium trade

                                                                                                                                                                   Rina Maria P. Rosales, October 2006                                   17
Conservation International-Philippines
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                                                                               City 1101 Philipines
                                                                               Tel. No. +632 924 8235
                                                                               Fax No. +632 435 6446
                                                                               Email: sssi_info@conservation.org

                                                                               Founded in 1987, Conservation International believes that the
                                                                               earth’s natural heritage must be maintained if future generations
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18   Estimating Appropriate Fines for Ship Grounding Violations in Tubbataha Reef National Marine Park
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