Roureur Belau
May 03-09, 2001, page 6; Philippine fishing company sued
The Government of Palau and the State of Hatohobei on March 23 sued a Philippine
fishing company for the amount of $78,000 for alleged damages to Helens Reef
when one of its fishing vessel, the L/B Juan Paolo 15, ran aground there on
April 12. The Republic is also seeking additional relief in the amount of $10,000
to recoup its cost and expenses when it was requested and sent Patrol Boat PSS
Remeliik to Helens Reef to assist in rescue operations four days later on April
16.
The civil suit filed by the Palau's Attorney General, James Dixon, is asking
that Candalerio B. Damalerio and Jerry C. Damalerio both of General Santos,
Philippines and their fishing company DFC Tuna Venture Corporation pay the Republic
of Palau the amount of $88,000 for cost and damages. The breakdown of this amount
is as follows: fuel for PSS Remeliik--$7,000; food for its crew--$3,000; salaries
for crew and 2 EQPB experts--$8,000; damage to reef--$25,000; restoration including
3 return trips back to Helens Reef for monitoring--$45,000.
President Remengesau's have communicated with the fishing company DFC) via the
Philippine Embassy said that, "It is unfortunate that our vessel ran aground
in the waters of Palau due to fortuitous events to which we are amenable to
pay USD $10,000 as to reimburse the cost of the operation of patrol boat PSS
Remeliik." The DFC's letter also requests for a lower settlement amount.
Meanwhile a Republic's request for 'Order to Seize" has been granted by
the Palau Courts on grounds that such remedy is appropriate especially in light
of the Republic's good faith rescuer efforts as requested by DFC to assist the
vessel Juan Paolo 15, the promise of the DFC to pay costs for the operation,
the failure of DFC to make payments as promised, and the damaged to the reef.
The vessel has been seized and brought to Koror under guard as collateral for
cost and damages it incurred when it ran aground.
The vessel was pulled off the reef by the concerted efforts of the PSS Remeliik
and two other vessels of DFC which upon their request, the Republic allowed
to enter its territorial waters to assist in the rescue operation. According
to the crew of PSS Remeliik the vessel Juan Paolo 15 sustained dents to its
steel hull when it ran aground and that major damage was done to the reef were
it ran into it, and some more was done when they towed it off.
* * *
Manila Bulletin June 6, 2001, Section D-1, by
Bong Reblando; 6 Pinoys, 2 Indons detain in Palau jail on corral reef raps.
RP boat owner asked to pay $88,000
GENERAL SANTOS CITY-Facing charges of damaging corral reef, a fishing crew of
six Filipinos and two Indonesians have been detained in Palau since last April
12.
In the cases, the Ministry of Justice of Palau, which filed the damage suit,
asked the Filipino owners of the fishing boat to pay the Palau government $88,000
for the coral reef damage.
Only upon the payment of $88,000 damage fee will the Palau authorities release
the seized light boat to its Filipino owners.
"The amount is so high that it costs us much more than the value of the
light boat," said Jerry Damalerio, manager of the firm, which owns the
stranded sea craft.
"What was more deplorable is that the boat accidentally hit the corral
reef. And in such a distress situation, an emergency help is a necessity, particularly
from the government of Palau, a friendly neighbor of the Philippines,"
Damalerio said.
He said, however, that negotiation is under way with the Palau government and
the Philippine Embassy in Palau to lower the damage fee to $20,000.
The undersecretary of Palau's Ministry of Fish vowed to help resolve the issue
in the spirit of "friendship and mutual cooperations between the two countries."
"We earnestly appeal to the kindness and magnanimity of authorities of
Palau to accept our modest offer of damage fee," Damalerio said.
The damage suit was filed by the Ministry of Justice of Palau against the eight
crewmen, including the owners of the light boat, Larry Damalerio and his son-manager
of the fishing firm, Jerry, who are based here.
But what was surprising, according to Jerry Damalerio, was the charges were
apparently kept secret that even Palau's Ministry of Fishery did not even know
of the filing of the case.
"We in the ministry, have no knowledge about the damage suit filed against
you," Damalerio quoted a top fishery official as saying.
With the pertinent documents about the case of the stranded light boat, the
Palau envoy assured Damalerio to help in the early resolution of the case.
Last Holy Thursday, the light boat, which sailed from this seaport towards the
tuna-fishing ground off Papua New Guinea, accidentally ran aground on a corral
reef in Palau.
Palau's Navy using a patrol boat salvaged the light boat from the corral reefs
and towed it to a nearby seaport.
* * *
Palau Horizon May 11-17,
2001, p. 6: Indonesian vessel settles illegal fishing case
by Jowie C. Aquino, Horizon News Staff
The owner of the Indonesian fishing vessel seized by Palau government for illegal
fishing two months ago has agreed to pay $80,000 to settle the case filed by
the Attorney General's Office. Asst. Atty. Gen. Steven Carrara told Horizon
over the phone that the owner of Kasuari 01 agreed to settle the case on May
2 after the crewmen pleaded guilty to one count of illegal fishing.
Carrara said the amount was the biggest penalty to be collected by Palau for
unlawful fishing within Palau's fishing exclusive economic zone or EEZ.
Kasuari 01 was stopped by the PSS Remeliik at 11:15 p.m. on March 17 approximately
62 miles southeast of Helen's Island, which is within Palau's ##Z.
The Palau government immediately placed the 11 crewmen under house custody and
ordered to stay in Palau until the court settled the case.
The fishermen [sic] were reportedly licensed to operate within Indonesia's area
of jurisdiction but were apparently unaware that they were already encroaching
upon Palau's waters.
Some 4,031 lbs. Of fish caught from Palauan waters were found on board the vessel.
The catch had been sold to Palau Marine Industrial Corp. and the proceeds were
reportedly deposited with the Clerk of Courts.
The vessel's captain, Stevanus Bambang Sumargono, reportedly agreed to repatriated
some 20 fishermen imprisoned by law enforcers for illegal fishing also in the
Helen's Island.
The AGO Said the fishermen were jailed for immigration violations when they
were arrested for illegal fishing last year.
* * *
Tia Belau News May 5-11, 2001, p. 14: P.I. boat to be seized
by Palau
A boat owned by a Philippine fishing company has been ordered seized by the
court after it ran aground in Helens Reef last April 12th and its owners failed
to pay the cost for its rescue and the damage it caused on Palau's environment.
On April 16, the government received a request for assistance from Philippine
Ambassador Leoncio R. Parungao, Jr. to rescue the crew of L/B Juan Paolo 15
of DFC Tuna Ventures Corporation based in General Santos City, Philippines,
which had run aground in Helens Reef. The PSS Remeliik was dispatched to the
site on the same day to assist the distressed vessel and its crew. Staff of
the Environmental Protection Quality Board (EQPB) were also sent to the site
to assess the damage of the reef. During a meeting at the President's Office
to discuss the matter, Ambassador Parungao was advised that DFC would, at a
minimum, be asked for to pay $10,000 to reimburse the cost of the rescue operation.
After arrival of the PSS Remeliik at the site, the EQPB estimated the damage
to the reef and cost of restoration to be around $78,000. On April 20, the government
requested DFC to either pay the total amount of $88,000 or post a bond of $250,000.
In its April 20 letter, DFC agreed to pay, at least, the $10,000 for the humanitarian
rescue mission done by the PSS Remeliik. Last Sunday, April 22, another vessel
of DFC liberated the L/B Juan Paolo 15 from its position on the reef, after
the government consented to Ambassador Parungao's request that two other DFC
vessels be allowed entry to Palau to assist their grounded boat.
Despite DFC's promise to pay at least the $10,000 for the cost of the PSS Remeliik's
rescue mission, no payment had been made. On April 23, the government filed
Civil Case No. 01-102 against DFC asking the court that defendant be made to
pay $88,000 in costs and damages, and issue an order to seize the L/B Juan Paolo
15 and hold it as collateral for the damages sought. On the same day, Judge
Larry Miller ordered the Bureau of Public Safety to seized the boat.
* * *
Roureur Belau March 29-April
04, 2001, p. 5: Press Release from the Ministry of Justice
On March 17, 2001 at 11:15 p.m., the PSS President H. I. Remeliik under the
command of Officer Ian Tervet stopped an Indonesian vessel, the Kasuari 01,
inside Palau's extended fishery zone, about 62 miles Southeast of Helen Reef.
The vessel, about 80 feet long, had a fishing line in the water at the time
it was stopped. Palau Marine Law Enforcement Officers boarded and inspected
the Kasuari 01. It was found that the Indonesian captain and crew of ten, had
a license to fish in Indonesian's fishery zone. In accordance with law, the
Kasuari was seized, the Indonesians were placed under arrest, and the vessel
was escorted by the patrol boat to Malakal Dock. It arrived at noon on March
20, 2001. Four-thousand thirty-one pounds of fish were found on the Kasuari
01. The fish have been sold and the proceeds deposited with the Clerk of Courts.
* * *
Tia Belau March 24-30, 2001, front page and p. 8: 37 foreign fishermen get
2 years hard labor
Just a few days after 37 foreign fishermen, mostly Indonesians, were sentenced
to two years hard labor after pleading guilty to unlawful entry to the country
and illegal fishing sometime last year, 11 more foreigners were caught committing
the same criminal acts last March 17th.
In Criminal Case No. 00-30, Chief Justice Arthur Ngiraklsong on March 1st sentenced
the 37 foreign fishermen to two years' hard labor imprisonment, fined them $100
each and ordered not to return to Palau without approval by the government.
All the defendants except the captains of the four fishing vessels are eligible
for repatriation to their country after nine months of serving their sentence
at no expense to Palau. The four captains are eligible for repatriation only
after serving 15 months of their sentence. One of the fishermen, Usaman Hussein,
died of tuberculosis in November 2000.
Last Saturday, Ian Tervet, captain of patrol boat PSS H. I. Remeliik, and his
men arrested 11 foreigners aboard an Indonesian registered ship fishing with
a long line inside Palau's exclusive economic zone. The ship's log indicated
that the group had also fished in the country's EEZ on March 8 and 16. The foreign
fishermen were charged with three counts of unlawful fishing filed by the Attorney
General.
* * *
Tia Belau Oct.1-6, 2000,
front page: 41
Indonesian fishers caught in Helen's Reef
Forty-one Indonesian fishermen and one from Papua New Guinea were caught by
the Palau Patrol Boat around Helen's Reef at about 8 a.m. last September 21st.
The fishermen are now under the custody of the Bureau of Public Safety (BPS)
in Koror and charges of illegal entry and fishing have been filed against them
at the Attorney General's Office. The four wooden boats used by the erring fishermen
were also impounded by BPS and were left at Helen's Reef while the fishermen
were taken to Koror.
* * *
