Law Summary
Purpose
- Establishes policies regulating vessel movement during tropical depressions, storms, or typhoons within the Philippine Area of Responsibility.
- Aims to prevent maritime accidents and protect the marine environment during heavy weather.
Scope
- Applies to all vessels operating within Philippine territorial waters, except:
- Tugboats assisting docking/undocking,
- Government-operated vessels,
- Commercial vessels called for Coast Guard search and rescue missions.
Definitions
- Terms defined include:
- Detention: Prevention of ship departure due to danger or violations.
- MARINA: Maritime Industry Authority.
- PAGASA: Philippine Atmospheric, Geophysical and Astronomical Services Administration.
- PCG: Philippine Coast Guard.
- PPA: Philippine Ports Authority.
- Philippine Area of Responsibility: Specific Northwestern Pacific area monitored by PAGASA.
- Public Storm Warning Signals (PSWS) Nos. 1 to 4: Indicating increasing wind speeds and time frames.
- Short Distance Voyages: Voyages not exceeding four kilometers or visible line of sight.
- Special Areas: Designated sheltered zones with lesser weather impact, enumerated specifically.
- Tropical Cyclone Types: Tropical Depression, Tropical Storm, and Typhoon with wind speed thresholds.
- Mandatory Sheltering: Obligation of vessels underway to seek shelter under raised PSWS prohibiting continued sailing.
Policies
- No vessel of any size may sail except to seek shelter when PSWS No. 1 or higher is raised within the origin, route, or destination areas.
- Vessels underway must seek shelter if PSWS is hoisted nearby.
- Vessels sailing to shelter must depart without passengers or dangerous cargo.
- Exception for Short Distance Voyages in Special Areas when PSWS No. 1 is raised, subject to strict safety conditions including daylight-only voyages, calm sea, good visibility, passenger capacity limits, lifejacket use, cargo securing, standby emergency boats, and reliable communication.
Procedures
- Masters must continuously monitor weather and plot typhoon tracks.
- Permission required from Coast Guard before departing to seek shelter when PSWS No. 1 or higher is hoisted.
- Vessels departing for shelter must disembark passengers and secure cargo per regulations.
- Vessels already underway upon PSWS issuance must take mandatory sheltering and inform ship owners and Coast Guard.
- Constant communication must be maintained between vessel, ship owner, and PCG during sheltering.
Responsibilities
Ship Owners/Operators must:
- Obtain and disseminate latest weather advisories.
- Prevent sailing except for sheltering when PSWS prohibits voyage.
- Monitor vessel communications continuously.
- Direct sheltering and report incidents promptly.
- Ensure maximum safety and cargo securing measures.
- Assist disembarked passengers.
Masters/Patrons must:
- Track typhoon movement and weather updates.
- Plot weather conditions accurately.
- Inform PCG of sheltering plans and voyage.
- Ensure no passengers or dangerous cargo onboard when seeking shelter.
- Immediately seek shelter upon PSWS warning during voyage.
- Maintain hourly reporting and safety oversight.
- Strictly adhere to circular directives.
Fines and Penalties
- Violations lead to vessel detention.
- Fines and operational suspensions increase progressively with repeated offenses:
- For vessels ≤1000 gross tonnage: First offense PHP 50,000; Third offense PHP 150,000 plus recommendations for license cancellation.
- For vessels >1000 gross tonnage: First offense PHP 200,000; Third offense PHP 600,000 with similar license cancellation recommendations.
- Doubling of fines if vessels carrying passengers or deviating from sheltering purpose.
- Revocation procedures initiated after third offenses.
- Requirement to secure PCG permission for sheltering; penalties apply if failed.
Rescission and Effectivity
- This circular rescinds prior memoranda circulars 01-09 and 02-10.
- Effective fifteen days after publication in the Official Gazette or general circulation newspaper.