China vessel violated 2 maritime laws in Recto Bank ramming — probe

The Chinese vessel which figured in the Recto Bank ramming last June  violated two maritime laws, according to a joint investigation by the Philippine Coast Guard (PCG) and the Maritime Industry Authority (MARINA).

According to a Monday report by Mariz Umali on GMA's 24 Oras, the probe  characterized the incident as a "very serious marine casualty" given the damage done to the Philippine fishing vessel, the F/B Gem-Vir 1.

Furthermore, the PCG and Marina found that the "unknown" Chinese vessel and crew violated the United Convention on the Law of the Sea (UNCLOS) and International Convention for the Safety of Life at Sea (SOLAS).

China had admitted that it was a Chinese fishing vessel from Guangdong province that was involved in the crash.

While the investigation results did not state whether the ramming was intentional, it pointed out that the "unidentified Chinese fishing vessel was found to have failed to take appropriate action to avoid the risk of collision."

Meanwhile, investigators found that the Filipino fishing boat crew followed  maritime regulations because its anchor lights and strobes were on while it was anchored at the Recto Bank.

Furthermore, there were no external factors that could have prevented the Chinese fishing vessel from spotting the F/B Gem-Vir 1.

"The visibility was slightly clear and the sea was calm. At the time of the incident, the weather is fair with starry skies on a first quarter moon," the report read.

It added that the foreign fishing vessel likely had "direct knowledge of the distress situation" at sea because it even maneuvered back and stopped, turned its lights on, but still did not comply with maritime protocol.

On the other hand, the report also recognized the deficiencies with the Filipino boat and crew, such as the failure to assign a lookout; employing an unlicensed chief engineering officer; overloading; and having an expired commercial fishing vessel license, as well as having an expired certificate of clearance from the Bureau of Fisheries and Aquatic Resources (BFAR).

The report also pointed out that the incident took place inside the exclusive economic zone of the Philippines.

The document, however, said that the investigation was undertaken "not to seek or apportion blame or determine liability" but to make appropriate safety recommendation that would prevent the occurrence of similar maritime incidents. — Dona Magsino/DVM, GMA News