additional Anilao dive fees

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joele

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i have just received this morning a Q & A sheet on the conservation fees to be imposed on divers of Mabini and Tingloy, Batangas, Philippines... this is via municipal resolution which was passed in October 2002 and approved by the provincial board only last March...

Anilao, the "birthplace" of diving in the country is situated in the municipality of Mabini...

the fees would cover the "use" of Balayan Bay of Batangas and proceeds are projected to cover the costs for patrols against dynamite and other forms of illegal fishing...

the fees shall be Php 50.00 or an equivalent of about $1.00 ...
i am furnishing this board a copy of the Q&A i received this morning... i was told that this is at least the first of a series...

what do you think?
personally, having read the Q&A, i support the move...


Q & A
on the CONSERVATION FEE
in MABINI and TINGLOY, BATANGAS


WHAT is the Conservation Fee?
Conservation fee refers to charges imposed on any person who dives in the municipal
waters of Mabini. Such fees shall be intended for purposes of financing conservation,
protection and management of said municipal water. (lifted from Mabini Municipal
Ordinance 03-2002)

WHY is there a need for a Conservation Fee?
There is an urgent need to find sustainable financing to maintain and further improve the
status of marine biodiversity in Mabini. For the past five years, most of the current resources
have come from NGOs. In the case of WWF, the financial grants coming mostly from US
sources will taper by end 2003.
The cost of maintenance is quite enormous. Bantay Dagat operations alone cost an estimated
PhP 90,000/month in fuel and meals during patrols. These patrols have made significant
arrests since 1998. Blast fishing has virtually stopped except for minor incidents at the back
of Maricaban. Cases were also fied in court against commercial fishing vessels encroaching
into municipal waters.
Returns on investments in marine conservation have been significant, resulting to improved
coral cover (30-40% since 1993) and increased fish catch (average of 5 kg/day) for smallscale
fishers. These can be verified from independent studies.
The collection of a Conservation Fee from SCUBA divers is not uncommon. Already, many
countries have adopted this scheme and in Tubbataha Reef National Marine Park in the
country, a fee has been in place for some years now.
IS not the tourism sector contributing already to these efforts?
Despite the perceived importance of the tourism industry to the municipal economy, the
Mabini LGU collects little in terms of taxes. From municipal records in 1999, the resorts
contributed to the municipality only PhP 0.5 million in terms of real property taxes and
business permits. Of the 54 resorts that are registered with the LGU, only 17 pay taxes! In
2002, there are now over 100 resorts in Mabini. In contrast, the industrial sector contributed
PhP15 million in taxes to the local government in 1999 but occupies only a small land area
compared to the resort sector. If this trend continues, one couldn't blame the LGU if it
chooses to extend its industrial zone in the near future to Balayan Bay. There are opportunity
costs in maintaining Mabini as a pristine diving paradise.
Improving tax collections alone will not cover the costs of marine conservation as tax
revenues come from mayors' permits and realty property taxes from the registered resorts.
Assuming tax collection is doubled from 1999 levels, the income from realty and mayors
permit will still be nominal. With regard to income taxes, these are paid in Manila in the case
of the big resorts. These taxes do not directly benefit Mabini.

HOW did the ordinance authorizing the collection of Conservation Fee come about?
The Mabini municipal ordinance was, by no means, hastily prepared. The activities leading to
the signing started more than 3 years ago. In the summer of 2000, WWF surveyed 200+
divers on their willingness-to-pay (WTP) to improve the conditions of the coral reefs in
Anilao. The results showed a positive WTP of P400 per weekend visit (or P100 per dive for
average 4 dives on a weekend). This figure is a small fraction of the total expenditures of a
diver for a weekend dive package. The interesting results of the survey are available upon
request from WWF.
Subsequently, the results were presented to the municipal council as the basis for the drafting
of the ordinance. The draft ordinance was then presented to various stakeholders, including
the divers, in different occasions. A consultation among divers was held at SM Mega Mall in
August last year where the results of the study and the ordinance were presented and
discussed. As a result of the consultations, the fee was lowered to P50 per day. Another
round of public hearing was held in September last year (at Aquaventure) attended by
stakeholders, including dive boat operators. Finally, in October 2002, the ordinance was
passed by the Sangguniang Bayan and received provincial approval only in March of this
year.

IS the Conservation Fee a Tax?
The payment of the Conservation Fee is contingent on the existence of a service or product,
which in this case is improved corals and fishery, which will be directly enjoyed by the divers
paying the fee. By contrast, a tax is paid to the government but the benefits do not necessarily
accrue directly to the person paying it.
In the ordinance, 85% of the collected Conservation Fee will be deposited in a special
account. Disbursements from this account shall be solely for the conservation,
rehabilitation, protection and management of the aquatic and coastal resources in the
municipal waters of Mabini.

WILL the Divers have a Voice in the Management and Disbursement of the Fund?
A multi-sectoral CRM Board was created by the ordinance to oversee the Fund. This is one of
the innovative provisions of the ordinance. The divers have a representative (Dr. Mike Perez),
including those from resorts, fishers, bankeros, NGOs/POs and the LGU. As of this writing
(September 2003), the CRM Board has already met twice to prepare for the collection of the
Conservation Fee. The next meeting will be on October 16, 2003. The Board welcomes those
who are interested to attend the meetings.

WHAT Measures are in Place to Ensure the Smooth Collection of the Conservation Fee?
The LGU is making available pre-paid passes to the resorts so that their guests can pay the fee
as part of their resort bill. This way, guests would not be inconvenienced. Guests not booked
in the resorts can pay their passes at the municipal hall. It has also been proposed to set up a
booth along the road near the pier just like a drive-in. In the initial phase of its
implementation, education and information dissemination shall be continuously undertaken
among divers, resort owners and other stakeholders.

ARE not the Penalty Provisions of the Ordinance Quite Harsh?
Yes, they are harsh but are necessary for the ordinance to have “teeth”. But there will be a
“soft” implementation period at which time, the LGU would be expecting violations but will
not fully implement the penalty provisions. This would allow some time before the divers and
resorts get used to the scheme. In the long-term, the LGU still has to be convinced that divers
should be treated as customers, not tax evaders, and accorded special treatment even if found
to be not paying the fee.

ARE There Other Efforts to Raise Funds for Marine Conservation?
By virtue of the said conservation fee ordinance, a Conservation Trust Fund is in place in
Mabini. The 85% of the collected conservation fees will automatically be put in the said Trust
Fund. In addition, WWF has provided seed funds (P400,000) and the LGU shall provide a
counterpart (PhP 200,000) to the said Trust Fund. The resorts and other concerned individuals
or groups are also solicited for their contributions to Fund. The CRM Board will primarily
decide on the allocation of disbursements from said Trust Fund.
HOW about Tingloy?
Tingloy has to have a share in the fees collected as most of the best dive sites are in Tingloy,
although much of the money stays in Mabini. In 2002, Mabini and Tingloy had an agreement
to have a unified collection system. The aim is to standardize rates and simplify the fee
collection system so as not to inconvenience the divers. However, due to legal intricacies, the
respective LGUs will have to formulate their separate ordinances. The Tingloy LGU is
currently discussing its own municipal conservation fee ordinance. Following the agreement
in early 2002 by both LGUs, and as provided for in the Mabini Ordinance and in the draft
Tingloy Ordinance, the two municipalities will adopt a simplified and unified scheme.

WHY are the Divers the Only User Group Being Charged a Conservation Fee?
The intent is to charge a Conservation Fee to all users of coastal and marine resources in
Mabini. However, for practicality, one group will be targeted at a time. In the future, other
recreational users, including sports fishers, windsurfers and the like, will also be assessed a
fee. The municipal officials and the CRM Board will take the initiative.


For further information, please contact:
Ms. Luzviminda Villas
Municipal Environment and Natural Resources Officer
Mabini, Batangas
Tel: 0918 522 3861 / (043) 487 0707
Mr. Riki Sandalo, Manager ICM for Balayan Bay and Adjacent Bays Project, WWFPhilippines
Tel: (043) 722 0763
E-mail: kkpbts@batangas.net.ph
Ms. Anne Ansula
Southeast Asia Policy Program, WWF
Tel: 920 7923/26/31
Email: aansula@wwf.org.ph
 
I'm a stateside Pinoy who dives here in Northern California and in Anilao when home on vacation. As far as the ordinance if it's for the good of the divesites I'm for it.... But.

Gripe #1 What kind of oversight is there over the fund management and the collection? If the resort doesn't remit the fees we pay I can just see the locals conficating our dive gear guess who gets the shaft. When was the last time you saw a Bantay dagat patrol? I've seen more spearfishers and fishermen at the local sites than anyone shoing them away.

Gripe # 2
Quote:
Of the 54 resorts that are registered with the LGU, only 17 pay taxes! In
2002, there are now over 100 resorts in Mabini

So what does this have to do with our diving there? If the local gov't can't get these resorts to pay taxes how are they going to make them pay the divers fees? or is that up to the diver (again getting the shaft). Isn't it easier to implement of the tax laws already inplace?

Okey that's it for now I'm suprised that there aren't more people speaking up about this... maybe they are seeing things that I don't.

As for me I'll wait and see.... I'm coming from to far away to risk getting my gear taken away from me!
 
your gripes, i think, are very valid...
and i have mixed emotions regarding the implementation of the ordinance...

while i wrote that i support the move, i can see that there are a lot of flaws...
however for now, i think we can give it a try and if it is not effective, we can question the ordinance and its implementation...
 
I think the report fails to mention the true economic benefit of divers in that community. It's not just taxes and use fees, but the money spent by the divers on hotels, food, trinkets, transportation and the like. The resorts employ people, and those people are supposed to pay taxes, as are the stores and businesses that cater to the employees and divers. Any basic economics course talks about this -- it's called the multiplier effect.

I just got back from Dumaguete, where there are several conservation areas that charge daily use fees for divers and camera equipment. I didn't mind paying the fees -- diving was significantly better in the protected zones than outside them.

As to the references to corruption and skimming off the top, that's a problem all over the developing world, and to some extent even in the developed economies. It's discouraging to see it anywhere in any form.
 
as with any other issues with public interest, the phrase "evil triumphs when goodmen do nothing" would apply with this ordinance in Anilao. So divers should be united in front on this issue on the use of funds collected in Anilao.

FYI after three months of collection the funds collected amounted to 3Million pesos as per January report.

The Dive professionals have registered an association , Manila Dive Pros, with the intention of having a united front in presenting cases or issues regarding matters that impacts SCUBA diving sport in manila and batangas and adjoining dive sites.

the key is having the dive pros and divers unite on some issues that needs to be addressed.

:eek:)
 
I agree with Ben ca:
This , along with other proposed new tax measures on local and national scales in the Philippines, really look good on the surface. Middle- to upper class citizens who happen to be divers could think: "Well what a noble idea!" And they go and plunk down 2 grand. But what is really happening here?
BEFORE anybody proposes or accepts new taxes in the form of innocous fees, i strongly suggest somebody audit local tax revenue. What is wrong with the taxes they do or DON'T collect now anyway? Where's the money going NOW, TODAY?
We're so full of needless PR measures to cover up the rot in existing systems. I just hope this isn't one more of them
 
DOH! Thanks Shug, guess I've been paying them fees all this time then...
 
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