Question & AnswerQ&A (PCG HPCG/CG-8 MEMORANDUM CIRCULAR NO. 02-13)
The main purpose of the Circular is to prescribe policies concerning the movement of vessels during the occurrence of a tropical depression, storm, or typhoon within the Philippine Area of Responsibility to prevent maritime accidents and damage to the marine environment.
The Circular applies to all vessels operating within the territorial jurisdiction of the Philippines, except tugboats assisting docking or undocking, government-operated vessels, and commercial vessels called by the PCG for specific search and rescue operations.
Detention is the act of preventing ships from leaving port due to violations or conditions presenting danger to the ships, persons on board, or harm to the marine environment.
PSWS are warnings declared by PAGASA indicating expected wind speeds and timeframes for tropical cyclones: PSWS No. 1 (30-60 kph, at least 36 hrs), No. 2 (61-100 kph, at least 24 hrs), No. 3 (101-185 kph, at least 18 hrs), and No. 4 (greater than 185 kph, at least 12 hrs). They guide vessel movement restrictions.
Mandatory Sheltering refers to the obligation of a vessel underway, after departure without prohibition under a PSWS, to proceed immediately to the nearest port or shelter area if a PSWS is raised along its route or destination that disallows continuing the voyage.
Vessels may sail if: the voyage is from sunrise to sunset, sea conditions are calm to gentle breeze with winds not more than 30 kph, light rains prevail, visibility is good, passenger vessels carry no more than 50% capacity, lifejackets are worn on open decks, cargo is properly lashed, a standby emergency boat is available, and communication with PCG and standby boats is reliable.
Ship owners/operators must secure and disseminate the latest weather advisories, disallow vessels from sailing except for sheltering, maintain communication with vessels, order sheltering when required, ensure cargo is properly secured, extend assistance to disembarked passengers, and ensure compliance with the Circular.
The Master/Patron must monitor weather updates, plot typhoon tracks, inform PCG before seeking shelter, ensure no passengers/dangerous cargo on board when seeking shelter, take shelter immediately if PSWS is raised en route, maintain communication, ensure cargo safety, submit voyage plans and hourly reports, and observe all Circular directives.
First offense: P50,000 fine and recommendation for 3 months suspension of SIRB and ship franchise. Second offense: P100,000 fine, 6 months suspension of SIRB, franchise, and Master’s license. Third offense: P150,000 fine and recommendation for cancellation of SIRB, franchise, company license, and Master’s license.
Twice the amount of the applicable fine is imposed if a vessel allowed to sail for sheltering has intentionally taken passengers or deviated from the intent of taking shelter.
The Circular takes effect fifteen (15) days after publication in the Official Gazette or a newspaper of general circulation.