QuestionsQuestions (PCG HPCG/CG-8 MEMORANDUM CIRCULAR NO. 02-13)
Its authority is Republic Act No. 9993 (Philippine Coast Guard Law of 2009). It seeks to prevent maritime accidents and damage to the marine environment during tropical depressions, storms, or typhoons within the Philippine area of responsibility.
It applies to all vessels operating within the Philippines’ territorial jurisdiction, except tugboats purposely used for docking/undocking, government-operated vessels, and commercial vessels called by the PCG for a specific search and rescue operation.
Detention is the act of preventing ships from leaving port due to violations or conditions presenting danger to the ships/people onboard and/or harm to the marine environment.
No vessel is allowed to sail except to take shelter when PSWS No. 1 or higher is hoisted within its point of origin, intended route, and point of destination. Those already underway must seek shelter when any PSWS is hoisted in its immediate vicinity, along its route, and point of destination.
It means that a vessel, while underway after departing with no prohibition under a certain PSWS, is automatically obligated to proceed to the nearest port or sheltering area if a PSWS is raised along its routes or destination that already disallows continuing its regular voyage.
It may sail only if all strict conditions are met, including: travel only from sunrise to sunset and arriving 30 minutes before sunset; calm to gentle breeze and prevailing wind speed not more than 30 kph/16 knots; light rains (trace to 2.5 mm/hour); good visibility with route and destination seen by naked eye; limited passengers (max 50% of MARINA-authorized capacity); and additional safety/communication and standby emergency boat requirements.
Passengers must not exceed 50% of authorized passenger capacity per MARINA Passenger Ship Safety Certificate. For open-deck passenger boats, passengers (including children) and crew must wear lifejackets prior to departure and until disembarkation at the destination.
Masters/Boat Captains must observe maximum precautionary measures for proper lashing and stowage of cargo loaded onboard. During sheltering, watches must be posted to ensure cargo remains safe, and dangerous cargo rules apply when departing to seek shelter.
The Master or person in charge must ensure the latest weather is received and the typhoon track is plotted on the weather chart aboard the vessel.
If the Master judges probable danger, he must request permission from the Coast Guard unit with jurisdiction to take shelter in a safer place or avoid the typhoon path, in consultation with the ship owner/operator/Port Captain. The PCG shall not allow any vessel to seek shelter with passengers and dangerous cargo onboard.
The vessel must depart without passengers; passengers must be disembarked while cargoes may remain onboard except dangerous cargoes, provided maximum precautionary measures through proper lashing and stowage are observed.
The Master has no other option except to avoid the path of the typhoon and take mandatory sheltering, and promptly inform the ship owner and the nearest Coast Guard unit.
Communication checks must be conducted at an interval of at least every 30 minutes. The ship and company should not close radios or observe radio silence.
They must secure latest PAGASA advisories once a typhoon enters the Philippine area of responsibility, disseminate them immediately to ships (including installing weather fax/monitoring equipment and communications as required by MARINA and other regulations), maintain communication with the vessel, and order shelter actions consistent with the circular.
Violation of Part VI (Policies), Part VII (Procedures), and Part VIII (Responsibilities) is a ground for immediate detention.
Twice the amount of the applicable fine shall be imposed on any vessel allowed to sail for taking shelter but intentionally taken passengers or deviated from the intent of taking shelter.
First offense: PHP 50,000 plus recommendation to MARINA for 3 months suspension of SIRB and the ship’s franchise. Second: PHP 100,000 plus recommendation for 6 months suspension of SIRB and franchise and PRC recommendation for 6 months suspension of the Master’s license. Third: PHP 150,000 plus recommendation for cancellation of SIRB and ship’s franchise and company license to operate and cancellation of the Master’s license via MARINA and PRC recommendations.
It takes effect fifteen (15) days after completion of publication in the Official Gazette or in a newspaper of general circulation.