Olongapo SubicBay BatangGapo Newscenter

Saturday, August 06, 2005

DENR orders marine park in Subic to stop operations

By RONNIE E. CALUMPITA, The Manila Times Reporter

The Department of Environment and Natural Resources has insisted that the "Swim with the Whale" show of the Ocean Adventure Marine Park at the Subic Bay Freeport must cease from operating after it was issued a cease-and-desist order (CDO) owing to its failure to secure an environmental compliance certificate (ECC).

The environment department made the clarification after the Marine Park management claimed the establishment would remain open despite the CDO after the department allowed it to continue its operation while the DENR-Environmental Management Bureau in Central Luzon processes its ECC.

But in the CDO, Lormelyn Claudio, DENR-EMB Region III director, said the Marine Park, which is operated by the Subic Bay Marine Exploratorium Inc. (SBMEI), must "immediately cease and desist from operations" until the required ECC has been secured.

Besides ordering the SBMEI, which holds the marine show that showcases false killer whales and fur seals that are commonly known as sea lions, to suspend its operations, the CDO also imposed a P50,000 fine to the firm for violating Presidential Decree 1586, or the Environmental Impact Statement System Law.

Claudio on Friday sent a letter to Amethya Concepcion, ecology center head of the Subic Bay Metropolitan Authority, to "inform your locator [SBMEI] of the need to secure the ECC from the DENR-EMB."

The CDO against the Marine Park was issued after the Court of Appeals upheld the DENR jurisdiction over the Marine Park activities inside the free port specifically at the Kamayan Wharf Area.

The controversy hounding the P286-million Marine Park began in March 2001 when it opened its show without an ECC. The firm claimed it did not need an ECC because the required environmental clearance had already been granted by the SBMA on the strength of Republic Act 7227, the Bases Conversion Act.

But the DENR insisted that it still had jurisdiction over the Marine Park despite its location inside the SBMA.

On March 16, 2001, the agency issued a CDO but failed to implement it after the SBMEI brought the case to Balanga Regional Trial Court which sided with the firm.

The department questioned the trial court’s ruling before the appellate court.

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