By Zhong Ang (种昂), an EO Commentator
Nation, page15
Translated by Zhu Na
Original article: [Chinese]
It's nearly a hundred days since the oil spill accident of Penglai 19-3, but it seems there's no hope of an end to the pollution in Bohai Bay. The oil spill revealed many loopholes within China’s marine law, policies, and regulations that need to be filled.
After crude oil had polluted 5,500 square kilometers, it turned out that the only possible punishment for the culprits was a 200,000 yuan administrative fine. At the time of the spill, the State Oceanic Administration (SOA) gave several orders to ConocoPhillips, a partner in the oil field project to investigate and block the source of the spill. However, the SOA, the highest marine regulator in China, seems to lack the technology, facilities, and faculty to investigate the issue itself.
Another problem has arisen for fishermen who suffered heavy economic losses due to the water contamination caused by the oil spill. The fishermen, who are in an extremely vulnerable position, have been refused compensation requests and cannot find an appraisal agency. Many NGOs, representing the fishermen, have drafted to sue, but have found that a public interest lawsuit, common in many other countries, has no legal basis in China.
The SOA, NGOs, media, and public have unanimously demanded an apology from ConocoPhillips. However, while the accident occurred more than two months ago, ConocoPhillips has ignore their demand. Furthermore, it is clear the company is unable to complete the “two requirements” required by the SOA. These requirements are a complete investigation of the oil spill with a risk assessment and the blocking of the spill's source. ConocoPhillips has gone so far as to submit a false report and seems unconcerned by any repercussions.
According to a marine expert, almost all supporting laws, regulations, policies, and rules regarding China’s economic development have focused on land rather than sea. There has been little regulation regarding marine environmental protection, a loophole ConocoPhillips has taken advantage of in economic development.
At the moment, China has only one Marine Environmental Protection Law, which is particularly outdated. This law states that the maximum administrative penalty for pollution caused by offshore oil exploration and development is only 200,000 yuan. This is the equivalent of approximately one percent of the daily income of ConocoPhillips from the oil field. New laws, regulations, and policies would not only deter the perpetrators, but could also protect the marine environment and those victims affected by marine pollution.
Regardless of the amount of compensation received after the next litigation, the consequences of mismanagement are innumerable. At this point, the effects of the oil spill have continued for more than one hundred days. The average depth of the Bohai Sea is only 18 meters making the water is relatively stagnant. The damage caused by the spill could last for decades, even centuries.
Normally, multiple departments regulate the environment of the Bohai Sea. However, the SOA alone is supervising the Penglai 19-3 oil spill accident, even though related departments have taken a negative stance towards ConocoPhillips on the issue.
The spillage has darkened the Bohai Sea, but we should respond by establishing a standard in ocean conservation, as well as harsher penalties and established rights protection, not just a small fine for the responsible party.
This translation was edited by Caitlin Coyle, an intern from American University in Washington.
