MAYOR STOPS TOUR SUB
Lapu-Lapu city suspends business permit; tour operator’s Marina permit also expires
Dead in the water.
The country's first and only tour submarine will not be going anywhere after Lapu-Lapu City Mayor Paz C. Radaza yesterday issued a cease and desist order against its operation.
The mayor also suspended the business permit of its operator, the Cebu Yellow Submarine Undersea Tour Corp, after the underwater craft “sideswiped” a coral reef off the waters of Mactan.
The operator, which is linked to the Imperial Palace Water Resort, just started business a month ago.
It was given five days to explain why the mayor’s permit should not be permanently revoked.
Radaza issued the order based on a Japanese diver’s video posted on YouTube showing the underwater craft hitting a coral reef.
The video uploaded on April 24 by Satoshi Toyoda generated 4,206 views as of 8:25 p.m last night.
Mayor Radaza said the submarine “caused damage to the corals and could destroy the marine habitat within the municipal waters of the city,” in violation of Philippine law and terms of its business permit.
She said the company is facing investigation for possible violation of Republic Act 8550, the Philippine Fisheries Code of 1998.
“You are hereby ordered to show cause within five days from receipt of the order why your Mayor’s Permit should not be permanently revoked,” Radaza said in the order addressed to the company through Marry Beth R. Sajo in Imperial Palace Waterpark Resort and Spa.
She said the CDO superseded an April 25 notice of violation issued by the city government to which the company failed to respond.
Teodulo Ybañez, Lapu-Lapu City administrator and chairman of the city’s business inspection board, on Friday issued the notice of violation against the Yellow Submarine.
He said the video showed the submarine “bumping and sidewiping the coral wall reportedly at Kontiki Area,” raising various issues including safety of human lives.
Ybañez directed the operator to comply with requirements of various agencies such as the Maritime Industry Association (Marina), the Philippine Coast Guard and the Department of Tourism, among others, within three working days upon receipt of the notice.
The company’s failure to comply with the requirements could warrant the cancellation of its business permit, he added.
DENR ROLE
The Department of Environment and Natural Resources (DENR) has tasked a team to investigate the extent of damage in the reef-smashing incident even without a complaint filed.
No permit from the DENR has been issued to the Cebu Yellow Submarine and Undersea Tour Corp. said DENR information officer Eddie Llamedo.
“We can't ignore the potential damage to the corals if appropriate measures or interventions will not be institutionalized by the operator of this watercraft taking into account the strong underwater current in Mactan area,” said DENR Regional Executive Director Dr. Isabelo Montejo in a press statement.
DENR said studies show that only about five percent of the country's estimated 2.5 million hectares of coral reefs are still in excellent condition; 25 percent are in good condition; 38 percent in fair condition, and 32 percent are in poor condition.
Cebu Coast Guard station commander Weniel Azcuna also said that they will be inspecting the “hull integrity” of the vessel.
Azcuna said that during the one-month operation of the yellow submarine, the Coast Guard was asked to closely monitor the operations especially the safet aspect.
“If we feel that the sea vessel is not seaworthy anymore, then we will hold the departure of the vessel,” Azcuna told Cebu Daily News by phone.
The Marina permit issued for the tourist submarine also expired last Friday, April 26, said regional officials of the Maritime Industry Authority (Marina).
They said the tour operator's application for renewal of its probationary passenger permit remains pending in Manila.
Nannette Villamor-Dinopol, Marina regional director, nonetheless issued a “show cause” order directing the Cebu Yellow Submarine and Undersea Tour Corp. to explain why they should not be penalized for damaging the coral reef.
The company was given ten days to submit its written comments and explain why no punitive action or administrative fine should be imposed for the company’s failure to submit a marine protest or to give notice within 24 hours after the submersible passenger craft, Cebu Submarine, allegedly hit the reef in Lapu-Lapu City last week.
Dinopol signed the order yesterday.
Based on Marina's Memorandum Circular 120, shipping companies and operators of public service water transport and other maritime entities must give immediate notice to Marina of any accident connected with the operation and maintenance of their vessel.
Violators face a fine of P5,000 for the first offense, P10,000 for the second offense and P25,000 for the third offense.
The company is entitled to a formal hearing on May 22 with their legal counsel but can waive this right and just pay the penalty.
Anelito Gabisan, former commander of the Philippine Coast Guard station in Cebu is the safety and operations manager of the Cebu Yellow Submarine and Undersea Tour Corp.
He said an internal inquiry is ongoing.
“There could be several factors like the current, condition of the submarine, the ship captain, or it could be that the video was edited. But with due respect to the one who took the video we are still investigating the incident,” Gabisan told Cebu Daily News.
Tourism officials expressed their concern over the potential backlash on the local tourism industry.
“I have seen the stories about the incident and I’m really worried, “said Rowena Montecillo, regional director of the Department of Tourism.
“I feel really bad and could say that such violation, if any was committed, is not welcome,” she said.
Montecillo said she personally pushed for the underwater tour package to be offered in Cebu, and that protocols and standards must be put in place to avoid such mishaps especially since the marine ecosystem is one of the region’s tourism treasures the DOT is trying to promote.