However, the six who were sent back to their vessel at the Puerto Princesa Port – after paying bail of P30,000 each – might be arrested again as more charges were filed against them.
Angelique Songco, Tubbataha Reefs Natural Park (TRNP) manager, said they filed yesterday another case against the Chinese fishermen for violating Provincial Ordinance 819 banning the use of compressors in fishing.
"We expect the court to issue a warrant against the Chinese," she said.
"So, those who posted bail and are staying in their boat might be arrested again and brought to jail again. Around 10 compressors, which we strongly believe were used by the Chinese nationals to fish, were found aboard Hoi Wan."
Songco filed the latest case, where she stood as complainant, before the Municipal Circuit Trial Court of Roxas, Palawan.
In a report, the Tubbataha Management Office (TMO) said they have initially filed three criminal cases against the Chinese fishermen.
The Chinese crewmen were charged with violating Republic Act 8550, the Philippine Fisheries Code on poaching, taking of rare, threatened and endangered species, and exportation of fisheries species.
The Chinese were also charged under Republic Act No. 7586, the National Integrated Protected Areas System (NIPAS), on the use of motorized equipment without a permit from the Protected Areas Management Board.
They were also charged with violating Republic Act No. 9147, the Philippine Wildlife Resources Conservation Act, on possession of wildlife.
Lawyers Gerthie Mayo-Anda, of the Environmental Legal Assistance Center (ELAC); Adel Villena, of the Palawan Council for Sustainable Development (PCSD), Virgilio Tiongson, of the Department of Environment and Natural Resources (DENR), and World Wide Fund for Nature (WWF) helped in the preparation of the charge sheets.
Anda, Villena, provincial environment and natural resources officer (PENRO) Rogelio Paglinawan, and Bureau of Fisheries and Aquatic Resources (BFAR)-Palawan chief Paciano Gianan acted as co-complainants in some cases.
All these cases were filed on Dec. 31, 2006.
Executive Judge Perfecto Pe subsequently ordered the detention of the Chinese crewmen on New Year’s Day.
Before they were herded to jail, the six Chinese, including the captain of Hoi Wan, managed to post bail.
Songco said it was the South Pacific Inter-marketing Corp. (SPIC) that paid the bond for the Chinese nationals.
The SPIC, a Tawi-Tawi based trading company, reportedly chartered the Hoi Wan for the transport of the 1,200 pieces of live fish, including 300 pieces of the endangered Napoleon wrasse, to Hong Kong.
"The Chinese men who posted bail are now staying in their boat," Songco said.
The Hoi Wan is under "beneficial custody" of the provincial government, and would remain at the Puerto Princesa Port.
Meanwhile, the BFAR already began a "fish inventory" the other day. With the assistance of TMO personnel, the BFAR conducted the individual counting of the fish.
Initial report showed that from the three fish tanks of Hoi Wan where the live fish were placed, 359 pieces were Napoleon wrasses and 303 pieces were groupers.
Authorities would inventory a total of 13 fish tanks.
"Only three of the 13 fish tanks could be inventoried because of the volume of fish," the TMO report noted. "The fish inventory is ongoing."