Law Summary
Purpose
- To set guidelines for movement of vessels and motorboats during fair weather in localities under Public Storm Warning Signal Number 1 by PAGASA.
Scope and Application
- Applies to vessels and motorboats of 1,000 gross tons (GT) and below.
- Covers Short Distance Voyages within Special Areas under Philippine territorial jurisdiction.
Exemptions
- Tugboats assisting docking/undocking.
- Government-operated non-commercial vessels.
- Vessels called by Philippine Coast Guard (PCG) for search and rescue operations.
Definitions
- MARINA: Maritime Industry Authority.
- Motorboat: Traditionally wooden hull crafts used for transportation.
- PAGASA: Philippine Atmospheric, Geophysical and Astronomical Services Administration.
- PCG: Philippine Coast Guard.
- PPA: Philippine Ports Authority.
- Public Storm Warning Signal (PSWS) No. 1: Winds of 30-60 kph expected within 36 hours.
- PSWS Sector: Areas under PSWS No.1 or higher levels.
- Route: Planned navigation course from origin to destination, distinct from MARINA franchise "route".
- Short Distance Voyages: Distance not exceeding 4 km; duration not more than 30 minutes; line of sight navigation.
- Special Areas: Bays, rivers, natural coves less vulnerable to weather impacts; specifically Iloilo Strait, Tanon Strait, and other areas as designated by PCG Commandant.
- Vessel: Any ship or watercraft used for transportation.
General Policy
- Recognizes varying geographic impact of storm signals.
- Owners, masters, and captains have discretion to decide on sailing when PSWS No. 1 is hoisted.
- Expected to exercise best judgment to avoid risks to life and property.
Specific Policies for Sailing Under PSWS No. 1
Sailing allowed only if ALL conditions met:
- Voyage limited from sunrise to sunset.
- Sea not rough.
- Winds not exceeding 30 kph (16 knots).
- Rain not moderate or heavy.
- Good visibility, route and destination visible from origin.
- Passenger capacity limited to 75% per MARINA certificate.
- Lifejackets mandatory on open deck vessels.
- Proper lashing and stowage of cargo.
- Designated lookout and standby emergency boat available.
- Reliable communication link with emergency services and PCG.
- Non-compliant vessels may not sail except to take shelter (without passengers).
- Master/Patron/Captain responsible for safety to the highest degree.
Procedures
- Masters/Patrons/Captains and owners must prioritize life safety.
- Obtain latest weather bulletins and plot typhoon track and PSWS sectors.
- Take necessary precautions for vessel and passenger safety.
Responsibilities
- Director, PCG Action Center: Coordinate weather info with PAGASA, disseminate quickly, monitor maritime incidents, and recommend crisis committee activation.
- PCG District Commanders: Monitor weather, plot charts, disseminate info, monitor distress frequencies, ensure compliance, cancel voyages where necessary.
- PCG Station/Detachment Commanders: Obtain weather updates, display weather charts publicly, disseminate info, recommend voyage cancellations if conditions worsen, monitor distress channels.
- Ship Owners/Operators: Keep vessels informed, install weather monitoring equipment, refuse sailings not meeting conditions, maintain communications, report incidents, enforce cargo safety, require study of typhoon evasion.
- Masters/Patrons/Captains: Monitor weather, plot charts, inform PCG of sheltering, no passengers when seeking shelter, cancel voyages not meeting conditions, ensure cargo safety, study typhoon avoidance, bear full safety responsibility.
Penalties and Sanctions
- Masters/Patrons/Captains must strictly adhere.
- First Violation: PHP 5,000 fine and warning.
- Second Violation: PHP 10,000 fine and stern warning.
- Third Violation: PHP 20,000 fine and recommendation for license revocation.
Rescission Clause
- Existing circulars conflicting with these guidelines are modified accordingly.
Automatic Review
- Subject to automatic review one year after effectivity.
Effectivity
- Effective 15 days after publication in a newspaper of general circulation.
- Adopted and signed by Admiral Wilfredo D Tamayo, PCG Commandant.