Question & AnswerQ&A (PCG MEMORANDUM CIRCULAR NO. 09-93)
Salvage is the rescue of a seriously damaged or incapacitated ship and towing her to a safe place; breaking, scrapping, or refloating of a ship or any object; and the removal of a sunken or wrecked ship, derelict, or hazard including cargoes thereof from the waters within the jurisdiction of the Philippines.
Only citizens of the Philippines, government-owned or controlled corporations, corporations which are at least 75% Filipino-owned, and private corporations wholly owned and controlled by such citizens are qualified to engage in the business of salvaging vessels and must obtain a Salvor Certificate of Registration from the Philippine Coast Guard.
It is a document issued by the Philippine Coast Guard accrediting a qualified person or entity as a duly registered salvor authorized to conduct salvage operations within Philippine waters.
Minimum requirements include owning one salvage barge with boom and crane, one motor tugboat of not less than 300 HP, at least six divers as regular employees with diving equipment, submersible, gasoline, and diesel pumps, magazine for explosives storage, air compressor, welding and cutting equipment, towing and pulling equipment, communication sets, and first aid kits.
Only after the issuance of a Salvage Permit or an Emergency Salvage Permit by the appropriate Coast Guard authority can a registered salvor conduct salvage operations.
Penalties include fines ranging from P5,000 to P20,000 for successive offenses, potential suspension from six months up to one year of the marine profession or Salvor Certificate of Registration, and eventual revocation or cancellation. Equipment and recovered cargo may also be impounded and forfeited to the government.
Attachments include a photocopy of the Salvor Certificate of Registration, certificate or proof of ownership, a salvage contract or agreement, two 5" x 7" size pictures of the object, specific description and gross tonnage of the object, inventory of equipment to be used, official receipt of application fee, a detailed plan of salvage work, estimated completion date, and clearance from the Firearms and Explosives Unit if explosives are used.
The Circular applies to all salvage operations on sunken, floating, or grounded vessels, wrecks, objects, and other hazards to navigation within the territorial waters of the Philippines.
The Commander of the Coast Guard District is responsible for issuing Salvage Permits, receiving applications for Salvor Certificates, monitoring salvage progress, rendering reports to CPCG, and canceling or suspending salvage permits if conditions are violated. The Coast Guard Station Commander issues Salvage Certificates of Inspection and Emergency Salvage Permits and supervises operations at the local level.
The master of the vessel causing the spill must immediately notify the nearest PCG District/Station. The first response team may apply chemical dispersants if other methods fail. The PCG supervises clean-up operations with the Station Commander as On-Scene-Commander. The spiller has primary responsibility for clean-up and must provide equipment as required, and failure to act may result in PCG charging expenses to the spiller.