Law Summary
Purpose
- To establish policies and procedures aimed at enhancing maritime safety during tropical depressions, storms, or typhoons within the Philippine Area of Responsibility (AOR).
Scope and Application
- Applies to all vessels operating within the territorial jurisdiction of the Republic of the Philippines.
- Exemptions include:
- Tugboats assisting docking/undocking.
- Government-operated vessels for non-commercial purposes.
- Vessels called by PCG for search and rescue operations.
Definitions of Key Terms
- Heavy Weather: violent atmospheric conditions involving tropical depressions, storms, or typhoons.
- MARINA: Maritime Industry Authority.
- PAGASA: Philippine Atmospheric, Geophysical and Astronomical Services Administration.
- PCG: Philippine Coast Guard.
- PPA: Philippine Ports Authority.
- Public Storm Warning Signals (PSWS): Four categories based on wind speed and expected onset time, ranging from Signal 1 (30-60 kph) to Signal 4 (>185 kph).
- PSWS Sector: Areas covered by PSWS that are color-coded and updated on PAGASA's website.
- Route: The planned way or course of travel from origin to destination.
- Vessel: Any ship, watercraft, or conveyance used or capable of transportation.
Policies on Vessel Movement During Heavy Weather
- Vessels 1,000 gross tons or below shall not sail (except to take shelter) if PSWS No. 1 is hoisted at origin, route, or destination.
- Movement of vessels above 1,000 gross tons under PSWS 1 is discretionary to the owner and master.
- Vessels of any size shall not sail under PSWS No. 2 or higher, except to take shelter.
- Masters and owners of vessels above 1,000 gross tons must exercise extra caution and consult PAGASA weather bulletins issued four times daily.
- Vessels taking shelter must depart without passengers; cargo onboard may remain if properly secured.
- Vessels must not sail if their point of origin, route, or destination lies within areas covered by PSWS prohibitions.
- Owners and masters must abide strictly by these provisions, upholding the duty of care and diligence required for common carriers.
Procedural Requirements
- Masters and ship owners must prioritize safety and obtain the latest weather bulletins.
- Before departure when PSWS conditions apply, masters must notify the nearest PCG unit in writing if deciding to seek shelter, confirming responsibility.
- Passengers must disembark before leaving port to seek shelter; cargo must be secured with proper lashing and stowage.
- Cargo watches must be posted during the voyage.
- If underway when PSWS signals rise, masters must avoid the storm path and promptly inform ship owner and PCG.
- Continuous communication between vessel and ship owners/operators must be maintained with checks at least every 30 minutes.
- Any communication failure must be reported immediately to the nearest Coast Guard unit.
Responsibilities of Key Agencies and Actors
- PCG Action Center/Command Duty Officer:
- Coordinate with PAGASA for weather bulletins.
- Disseminate updates rapidly to PCG units.
- Monitor maritime incidents and recommend Crisis Committee activation.
- PCG District Commanders:
- Monitor weather bulletins.
- Disseminate information and render situation reports with frequency increasing with PSWS severity.
- Monitor distress frequencies during adverse weather.
- PCG Station/Detachment Commanders:
- Obtain and display weather charts.
- Disseminate updates and render situation reports.
- Maintain records of vessel shelter notifications.
- Monitor distress frequencies.
- Ship Owners/Operators:
- Ensure vessels are informed of weather updates.
- Equip vessels with weather monitoring equipment.
- Disallow sailing when prohibited.
- Maintain communication and issue shelter orders when necessary.
- Notify PCG of vessel actions or incidents.
- Require compliance with cargo safety and Typhoon Evasion Doctrine.
- Masters/Patrons:
- Monitor and plot weather conditions.
- Inform PCG of decisions to seek shelter.
- Ensure no passengers aboard when seeking shelter.
- Maintain communication with owners/operators.
- Implement cargo securing measures.
- Study Typhoon Evasion Doctrine.
- Bear overall responsibility for ship, passengers, and crew safety.
Rescission Clause
- This memorandum circular rescinds PCG Memorandum Circular No. 06-08 dated June 30, 2008.
Effectivity
- The circular takes effect 15 days after its publication in a newspaper of general circulation, adopted February 5, 2009.