OPPOSITION TO THE OFFSHORE MAGNETITE SAND MINING PROJECT OF IRON ORE, GOLD, AND VANADIUM RESOURCES (PHILS.) INC. IN PANGASINAN

This is an opposition letter addressed to Engr. William P. Cunado,  Director of Environmental Management Bureau (EMB), through Engr. Maria Dorica Naz-Hipe, Regional Director of EMB Region 1.

The Project is called Iron Ore Pangasinan Offshore Magnetite Mining Project (Project) in municipalities of Sual, Labrador, Lingayen, Binmaley and Dagupan covering an area of  9,252.4506 hectares.

Based on Presidential Decree No. 1586 (PD 1586), the project is classified as Category A -   Environmentally Critical Project (ECP).[1] The Project is likewise within Lingayen Bay which is declared as environmentally critical area by virtue of PD No. 156.

PD 1586 provides that no person, partnership or corporation shall undertake or operate any environmentally critical project or area without first securing an Environmental Compliance Certificate. It also requires all national agencies and offices to conduct periodic consultations with appropriate local government units, nongovernmental and people’s organizations, and other concerned sectors of the community before any project or program is implemented.[2]

Section 26 of the Local Government Code likewise provides that local government units, nongovernmental organizations, and other sectors concerned shall be consulted for any project or program that may cause pollution, climatic change, depletion of non-renewable resources, forest cover, and extinction of animal or plant species.[3]

Same law provides that no project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26 of the LGC are complied with, and prior approval of the Sanggunian concerned is obtained.[4]

Finally, intergenerational equity states that every generation holds the earth in common with members of the present generation and with other generations, past and future. This principle is the foundation of sustainable development.[5]

Based on these premises, we are respectfully submitting our opposition to the project, based on the following reasons:

I.      It poses geologic hazards.

The project is magnetite mining and will extract metallic and other minerals which will deplete and erode the coastal and near-shore areas.[6] Reports as early as 2010 declared that "magnetite mining operations in the coastal areas of Gonzaga and Aparri were found to have resulted in increased vulnerability to and actual erosion through the destruction of sand dunes and the disruption of the coastal sediment budget".[7] The removal of sand will cause sediment redistribution leading to land subsidence, hence, exposing them to permanent flooding.[8] The same thing will happen to Pangasinan if the same project will be allowed.

Additionally, the coastal areas and small islands in the western portion of Lingayen Gulf are mostly bordered by fringing reefs with associated communities such as seagrass beds and algal flats. The portion from Bangor Point in Sual up to the northwestern tip of the gulf in Bolinao includes the reef areas containing considerable marine resources.  Hence, it will be badly affected by subsidence caused by offshore mining. 

II.    It poses hazards to marine mammals and aquatic resources.

The process of extracting the ore, magnetite and other minerals offshore has noise pollution as one of its side effects. Noise pollution created by the machineries that will be used for extraction poses great threat to the marine resources.

According to many studies, some marine and aquatic resources suffer from stress due to loud noises under water which greatly affect their health and growth. The noises under water also hamper their communication which not only lead them away to their natural habitat[9] but also cause them to be injured and might even lead to their death.

In the past years, there have been reports of sightings of whale sharks in the Lingayen Gulf[10],  dolphins in Sual Bay,[11] and sea turtle in Tambobong Beach in Dasol town.[12] Also, the area is a sanctuary of giant clams or locally known as Taklobos which are regarded as the world’s largest bivalve mollusks and considered as endangered.[13]

Offshore mining induces masking, or the inability of marine species to detect or recognize a sound of interest due to the presence of another sound brought about by the activities during mining. The underwater noise affiliated with these activities  may also stimulate short-term behavioral alterations to these animals which can interfere with their key life functions such as foraging, mating, nursing, resting, and migrating.[[14]][[15]] If Vanadium Resources will be granted to do offshore mining, what will happen to marine resources found in Pangasinan?

III.     It poses hazards to other marine resources and ecosystems.

Lingayen Gulf, an environmentally critical area per Proclamation No. 156 s. 1993, where the offshore mining will happen, is the most important fishing ground in Northwestern Luzon. It supplies marine species to the inhabitants in the provinces of Pangasinan, the Ilocos region and Benguet.[16]

The scraping of the ocean floor by machines can alter or destroy deep-sea habitats, leading to the loss of marine species and fragmentation or loss of ecosystem structure and function.   The consequence level is regarded severe causing local extinctions of vulnerable species if impact continues. Negatively, the recovery period is estimated to 1-2 decades if stopped.

Magnetite mining disturbs marine and coastal ecosystems because sand serve as habitats to various flora and fauna[17]. The siphoning activity and the returning back of discarded sand from mining magnetite may cause hyper-sedimentation that may cause disturbance to benthic organisms in sandy areas, which will affect fisherfolks and those relying on the marine resources in the area.

IV.     It poses hazards to the livelihood of the fisherfolks of Pangasinan

The Project of 9,252.4506 hectares is within Lingayen Gulf where fishing is the primary means of livelihood. The economy in Pangasinan is driven by agro-industrial businesses, such as milkfish (bangus) cultivation and processing, livestock raising, fish paste processing (bagoong), and others.[18] In fact, for the year 2018 alone Pangasinan has the high fish sufficiency level of 123% with 116, 716.82 metric tons aquaculture production, 1,614.55 metric tons in commercial fishing, 13,755.92 metric tons in municipal fishing and 707.18 metric tons in communal bodies of water fishing.[19] Such numbers would have a high probability to decrease should Vanadium Resources offshore project continue.

The Project is against the provisions of Article II, Section 16 of the 1987 Constitution which mandates the State to "protect and advance the right of the people  to a balanced  and healthful  ecology  in accord  with the rhythm  and harmony  of nature.[20] The project also runs counter to Section 16 of Republic Act No. 7160 which enjoins  local  government  units to promote  health and  safety, enhance the right of the people  to a balanced ecology,  and  preserve  the comfort  and convenience  of the inhabitants  within their  respective  localities.[21]

V. The project will affect food production

thereby creating food insecurity for the Filipinos

The population of the Philippines is at 110 million. Fish and other seafoods are the principal sources of protein in the average Filipino  diet. According to Hunt (1996), fish make up 50% of protein intake of Filipinos.[22] The annual per capita consumption of seafoods is about 70 pounds, twice the national average for the Southeast Asia region (Compton’s Reference, 1996).[23]

Lingayen Gulf is one of the major fishing grounds and aquaculture production areas that supplies the protein requirement of the Filipinos. The principal commercial species of marine life in Lingayen Gulf are tuna, albacore, shrimp and prawn, scad, sardine, anchovy, slipmouth, yellowfish, herring, crabs, and mussels. Milkfish (Chanos chanos), Tilapia, prawns, shrimps, and siganids are cultured in the fishponds along the coast of the Lingayen Gulf.

If we allow magnetite mining in the area, this important fishing ground will be adversely affected, and will also run contrary to the goals of rebuilding our fisheries and mainstream science-based decision-making under FAO 266, the Fisheries Management Areas.

VI. It poses threat to a Protected Area and historical landmark and archaeological sites

Lingayen Gulf is the most notable body of water in the region and it contains a number of islands, including the Hundred Islands National Park. To the north of the region is Luzon Strait.[24] Under Section 15 of DENR Administrative Order No. 96-40, December 19,1996, areas that are closed to mining operations include national parks.[25] Therefore, Lingayen Gulf, covering the Hundred Islands National Park must be closed to mining operations.

The Limahong Channel between Labrador and Lingayen is also an archaeological site of significance, as well as the offshore of Lingayen Gulf from Lingayen to San Fabian. These are historical and cultural valuables to Pangasinan people that serve as reminders to their revolutionary struggle against all forms of oppression for national freedom, justice, equality and peace.

VII. It poses health hazards to the residents along the Lingayen Gulf

The IMV or Integrated Mining Vessel has HFO (heavy fuel oil or bunker fuel, or residual fuel oil, is the result or remnant from the distillation and cracking process of petroleum) and gas turbines that discharge air pollutants in the air. The air pollutants include particulate matter (PM10), sulphur dioxide, nitrogen dioxide and carbon dioxide.  The emission of carbon dioxide adds to the local warming of the area contributing to invincible climate change. However, it is not just the carbon emissions that are poisonous. Sulfur dioxide which is acidic when mixed with moisture is a major contributor of acid rain and respiratory disease. Another is the nitrogen dioxide. In a research conducted, it was found that a correlation exists between high levels of nitrogen dioxide and the spread of corona virus due to the weakening of the respiratory immune system.  The heavy particulate matter from Nitrogen Oxide can cause serious lung diseases, especially among young children.[26]

Moreover, the HFOs when spilled doesn’t readily disperse or breakdown in the marine environment and it has a tendency to stick to surfaces and emulsify in sea water. HFO has chemicals called Polycyclic Aromatic Hydrocarbons (PAHs) which are known to cause cancer. In extreme cases with UV light, these PAH chemicals can cause shells and corals to dissolve.  One of the most harmful chemicals is the formation of a chemistry known as benzene rings, that has a severe impact on human health.[27]

VIII. The project goes against the Precautionary Principle for the protection of the environment, enforcement of our laws and our international commitments.

Section 4(f) Rule 1 of the Rules of Procedure for Environmental Cases defines precautionary principle as a concept which states that when human activities may lead to threats of serious and irreversible damage to the environment that is scientifically plausible but uncertain, actions shall be taken to avoid or diminish that threat.

The concept of precautionary action as explained in food and agriculture organization website (http://www.fao.org/3/w1238e/w1238e01.htm aims generally at improving conservation of the environment and the resources by reducing the risk of inadvertently damaging them. More specifically, it aims at helping decision-makers and regulators to take a safeguarding decision, when the scientific work is inconclusive but a course of action has to be chosen. In addition, it intends to promote a more equitable balance between the short-term considerations (which led to the present environmental degradation) and long-term considerations such as the need to conserve resources for future generations. It aims at promoting inter-generational equity by reducing the cost of our decisions for future generations.

In this instance, based on the nature of the operation of the offshore mining, there are already studies pointing to adverse effects on the marine environment. Therefore, it is incumbent upon us not to allow this operation.

Due to reasons stated above, we pray for the non-issuance of Environmental Compliance Certificate.

We also pray for science-based and sustainable use of our natural resources. Additionally, we pray for adherence to the precautionary principle for our environment as well as compliance with the laws and international commitment for sustainable development. Finally, we pray that peoples’ voices be heard, especially us the affected communities who will bear the impacts of this project.

We firmly believe that your good office, as the embodiment of these laws will be able to act upon this opposition in favor of the citizens of Lingayen Gulf in particular, and of the Filipinos in general.

[1] Environmental Management Bureau Memorandum Circular 005-July 2014, Revised Guidelines for Coverage Screening and Standardized Requirements under the Philippines EIS System
[2] Section 2 - Declaration of Policy (c) of PD 1586
[3] Section 26, PD 1586
[4] Section 27, PD 1586
[5] Intergenerational equity. https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1421
[6] Cordillera Peoples Alliance,  https://cpaphils.org/campaigns/magnetite%20mining%20RDC__2jul708.htm
[7] Dabet Panelo, ABS-CBN News, October 10, 2016, https://news.abs-cbn.com/focus/10/10/16/how-black-sand-mining-caused-the-sea-to-swallow-avillage
[8] Chaussard and Kerosky, Remote Sens 8, 100 (2016): 1.
[9] https://www.iucn.org/resources/issues-briefs/deep-sea-mining
[10] https://newsinfo.inquirer.net/173151/whale-shark-seen-in-lingayen-gulf
[11] Cardinoza, Gabriel. Inquirer. https://www.pressreader.com/philippines/philippine-daily-inquirer-1109/20141220/281715497965555 Dec 20, 2014.
[12] https://www.google.com.ph/amp/s/newsinfo.inquirer.net/1067533/resort-guests-rescue-sea-turtle-in-pangasinan/amp
[13] https://www.localphilippines.com/attractions/giant-clams
[14] Erbe, Christine & Dunlop, Rebecca & Dolman, Sarah. (2018). 10.1007/978-1-4939-8574-6_10.
[15] Thomsen, F., McCully, S., Wood, D., Pace, F. and White, P. (2009). Cefas MEPF Ref No. MEPF/08/P21. 59 pp
[16] Aprieto and Villoso. 1985
[17] Chaussard and Kerosky. 2016. Remote Sens 8, 100 (2016): 2.
[18] https://www.dti.gov.ph/regions/region-1/profile/
[19] https://www.pangasinan.gov.ph/the-province/facts-and-figures/economic-charateristics/
[20] Section 16 Article II of the 1987 Philippine Constitution.
[21] Section 16. RA 7610 otherwise known as the Local Government Code of 1991. (General Welfare clause).
[22] Vea, Suzanne, Gearing Towards a Sustainable Lingayen Gulf. Accessed 12 October 2021, http://darwin.bio.uci.edu/~sustain/suscoasts/svea.html
[23] Id.
[24] https://www.dti.gov.ph/regions/region-1/profile/
[25] Section 15 (a) No. 2, of RA 7942 and its Implementing Rules and Regulations (IRR)
[26] https://www.sciencedirect.com/science/article/abs/pii/S030626192031312X
[27] https://www.epa.govt.nz