Purpose and overarching policy
- The Circular prescribes policies on vessel movement during tropical depression, storm, or typhoon occurring in the Philippine area of responsibility to prevent maritime accident and damage to the marine environment.
- The Circular imposes strict movement controls based on Public Storm Warning Signals (PSWS) hoisted or declared for particular locations, routes, and destinations.
Coverage and exclusions
- The Circular applies to all vessels operating within the territorial jurisdiction of the Republic of the Philippines, subject to defined exceptions.
- The Circular does not cover tugboats purposely used in assisting vessels in docking or undocking to or from berthing piers or wharves.
- The Circular does not cover government-operated vessels.
- The Circular does not cover commercial vessels called upon by the PCG to assist in a specific search and rescue operation.
- The Circular applies to PSWS conditions occurring within the vessel’s point of origin, intended route, and point of destination, and also to PSWS hoisted in the vessel’s immediate vicinity.
Key definitions and signal thresholds
- Detention is the act of preventing ships from leaving port due to violations or conditions presenting danger to ships or persons on board and/or harm to the marine environment.
- MARINA means Maritime Industry Authority.
- PAGASA means Philippine Atmospheric, Geophysical and Astronomical Services Administration.
- PCG means Philippine Coast Guard.
- PPA means Philippine Ports Authority.
- Philippine Area of Responsibility is a designated area in Northwestern Pacific bounded by 25°N - 120°E, 25°N - 135°E, 5°N - 135°E, 5°N - 115°E, 15°N - 115°E, and 21°N - 120°E.
- PSWS No. 1 is declared if winds of 30-60 kph (approximately 16-32 knots) are expected in the locality in at least 36 hours.
- PSWS No. 2 is raised if winds of 61 kph up to 100 kph (approximately 35 - 54 knots) are expected in the locality in at least 24 hours.
- PSWS No. 3 is raised if winds of 101 kph up to 185 kph (approximately 54-100 knots) are expected in the locality in at least 18 hours.
- PSWS No. 4 is raised if winds of greater than 185 kph (approximately 100 knots and above) are expected in the locality in at least 12 hours.
- PSWS Sector refers to areas covered by PSWS No. 1 or PSWS No. 2 and higher shown with corresponding color codes as provided in the PAGASA website.
- Route means a way or course taken or planned to be taken in navigating from origin to destination, distinguished from “route” in MARINA franchise context (ports of call).
- Short Distance Voyages are voyages where:
- distance from origin to destination does not exceed four kilometers or 2.16 NM, or
- origin-to-destination can be completed within thirty minutes, or
- the origin, route, and destination altogether are within line of sight.
- Special Areas are defined as specific bays, rivers, or sheltered zones with enumerated routes/areas, including Iloilo Strait, Tanon Strait between Boracay and Caticlan (with specified coordinates Points 1–6), and other enumerated routes including Pier 3, Port of Cebu to Muelle Osmena Pier, Lapu-lapu City, Mukas a Ozamis Route, Km.11 a Villarica Pier Route, Sasa Barge Wharf a Maewess Babak Wharf Route, plus all other areas declared by the Commandant, PCG.
- Tropical Cyclone refers to a low pressure system in the tropics with a large, rotating area of clouds, wind, and thunderstorm activity, forming as TD, intensifying to TS, then becoming a typhoon (TY) when maximum sustained winds reach more than 119 kph.
- Tropical Depression (TD) has maximum sustained 1-minute mean surface winds of 35 to 64 kph.
- Tropical Storm (TS) has maximum 1-minute mean sustained surface winds of 65 to 118 kph (inclusive).
- Typhoon (TY) has maximum sustained 1-minute mean surface winds of greater than 119 kph.
- Vessel means any ship, watercraft or other conveyance used or capable of being used as means of transportation.
- Mandatory Sheltering is the obligation of a vessel, while underway after departing with no prohibition under a certain PSWS, to proceed to the nearest port or sheltering area if a PSWS is raised along its routes or destination that disallows continuing its regular voyage.
Mandatory sheltering requirements
- No vessel of any type or tonnage shall be allowed to sail except to take shelter when PSWS No. 1 or higher is hoisted within the point of origin, intended route, and point of destination.
- All vessels already underway must seek shelter when any PSWS is hoisted in their immediate vicinity, along their route, and point of destination.
- The ship owner/operator and Master/Patron are responsible for how to seek shelter and to ensure the safety of the ship.
- Vessels are allowed to leave port only to take shelter and must depart without passengers and/or dangerous cargo onboard.
Special permission for short voyages in special areas
- Effects of typhoon signals vary by location, and vessels engaged in Short Distance Voyages within a Special Area may sail when PSWS No. 1 is hoisted within their point of origin or route or point of destination, only if all strict conditions are met.
- The voyage must be conducted only from sunrise to sunset, and the vessel must arrive at the point of destination 30 minutes before sunset.
- The sea condition must be calm to gentle breeze, and the prevailing wind speed must be not more than 30 kph or 16 knots, based on PAGASA or other reputable sources.
- Rain showers in the point of origin, route, or destination must be light rains with rainfall rate from trace to 2.5 mm per hour.
- Good visibility must exist, and the route and area of destination must be seen by the naked eye from the point of origin.
- Duly licensed passenger vessels must carry passengers not exceeding 50% of authorized passenger capacity per MARINA Passenger Ship Safety Certificate (PSSC).
- For passenger boats with open decks, passengers including children and crew must wear lifejackets prior to departure and until disembarkation at the point of destination.
- Masters and Boat Captains must ensure maximum precautionary measures are observed for proper lashing and stowage of cargoes prior to departure.
- A designated look-out and standby Emergency Boat must be provided by any Local Government Unit(s) or Shipping Company or Motorboat Association at the origin and/or destination if assistance will be needed.
- A reliable communication link must exist between vessels and the designated standby Emergency Boat and the PCG.
Mandatory weather and voyage plotting
- Every Master or person in charge must ensure the latest weather is received and the track of the typhoon is plotted on the weather chart aboard the vessel.
- Every Ship Owner/Operator must secure latest weather advisories, bulletin and warnings from PAGASA once a typhoon enters the Philippine area of responsibility.
- Every Master/Patron must plot and keep track of typhoon movement and obtain the latest weather bulletin through PAGASA, company offices, and other available sources.
- Every Master/Patron must plot prevailing weather conditions and the weather forecast for the next 72 hours on the weather chart.
Port departure permission and shelter procedures
- When PSWS No. 1 or higher is hoisted in the port where a vessel is located, and the Master/Patron, based on judgment, finds probable danger due to a typhoon or tropical storm, the Master/Patron must request permission from the Coast Guard Unit having jurisdiction over the area before vessel departure to seek shelter in a safer place or avoid the storm’s path.
- The PCG must not allow any vessel to seek shelter with passenger and dangerous cargo on board.
- When the Coast Guard Unit allows sheltering, the ship owner/operator and Master/Patron must ensure safety of ship and crew in accordance with the Circular.
- For taking shelter, the vessel must depart without passengers; the Master/Patron must disembark passengers, while cargo already on board may remain except dangerous cargoes, provided maximum precautionary measures for cargo lashing and stowage are observed as prescribed by MARINA cargo securing guidelines.
- If already underway when applicable PSWS is hoisted in immediate vicinity, along route, or at destination, the Master/Patron must take no other option except to avoid the path of the typhoon and take mandatory sheltering, and must promptly inform the ship owner and the nearest Coast Guard Unit.
- The ship owner/operator must ensure the Master maintains continuous communication and must immediately report to the Coast Guard Unit the vessel’s compliance with the mandatory sheltering requirement.
- The ship owner/operator and Master/Patron must exercise extraordinary diligence and observe precautionary measures in taking shelter to ensure safety of the ship and those on board.
Communication rules and reporting cadence
- Communication between the vessel and ship owner/operator must be maintained at all times during the entire voyage, including while taking shelter.
- Communication checks between vessel and ship owner/operator must occur at an interval of at least every 30 minutes.
- Any failure of communication must be reported immediately by the ship owner/operator to the nearest Coast Guard Unit through any available means.
- The ship and the ship owner/operator’s office must not close radios or observe radio silence at any time.
- Masters/Company Operations Officers or owners’ representatives must review and study the Typhoon Evasion or Avoidance Doctrine.
- Masters/Patron must submit hourly reports to the ship owner/operator on the condition of the vessel.
- Masters/Patron must submit a voyage plan before departure and inform the nearest PCG unit of the decision to depart to seek shelter as may be necessary and submit the voyage plan.
- The ship owner/operator must direct Masters to institute cargo stowage/lashing precautionary measures and post watches for safe cargo condition throughout voyage/sheltering.
- The ship owner/operator must coordinate with the PPA/Port Manager to extend necessary assistance to disembarked passengers.
Duties when PSWS is lifted
- When PSWS is lifted by PAGASA, the ship owner/operator and Master/Patron must ensure immediate notification to the nearest PCG unit regarding intent to proceed or continue the voyage to destination.
- Masters/Patron must inform the nearest PCG unit of intent to proceed or continue with the voyage to destination when PSWS is lifted by PAGASA.
Detention and civil/administrative penalties
- Violation of Part VI, VII and VIII of the Circular is a ground for immediate detention after enforcement action by PCG.
Penalty schedules by gross tonnage and offense number
- For ship owners/operators and Masters of vessels of 1000 gross tonnage and below, after due notice and hearing:
- First offense: PHP 50,000, with recommendation to MARINA for three (3) months suspension of the Master and Patron’s Seafarers Identification and Record Book (SIRB) and the ship’s franchise.
- Second offense: PHP 100,000, with recommendation to MARINA for six (6) months suspension of SIRB and the ship’s franchise, and recommendation to Professional Regulations Commission (PRC) for six (6) months suspension of the Master’s License.
- Third offense: PHP 150,000, with recommendation to MARINA and PRC for cancellation of SIRB and the ship’s franchise and company license to operate, and cancellation/recommendation for the Master’s License.
- For ship owners/operators and Masters of vessels of more than 1000 gross tonnage, after due notice and hearing:
- First offense: PHP 200,000, with recommendation to MARINA for three (3) months suspension of SIRB of the Master and Patron and the ship’s franchise.
- Second offense: PHP 400,000, with recommendation to MARINA for six (6) months suspension of SIRB and the ship’s franchise, and recommendation to PRC for six (6) months suspension of the Master’s License.
- Third offense: PHP 600,000, with recommendation to MARINA and PRC for cancellation of SIRB and the ship’s franchise and company license to operate, and cancellation/recommendation for the Master’s License.
- Twice the applicable fine is imposed on any vessel that is allowed to sail for sheltering purposes but intentionally takes passengers or deviates from the intent of taking shelter.
Additional sanctions: revocation and license proceedings
- The permits and licenses of ship owner and Master who are third-time offenders are subjected to revocation proceedings.
- When a sailing ban is in effect, vessels prevented from sailing or placed under detention by PCG must secure permission from the nearest PCG office for purposes of taking shelter only.
- The prescribed fines apply for failure to seek the PCG permission required when a sailing ban is in effect.
Rescission of prior memoranda
- Memorandum Circular No. 01-09 and Memorandum Circular No. 02-10 are rescinded by this Circular.