Scope of Application
- Applies to all private aids to navigation, regulatory markings, obstruction buoys or beacons owned/maintained by private entities, associations, other government agencies including Philippine Ports Authority and Cebu Port Authority.
- Covers navigable waters of the Philippines.
Purpose
- To regulate the establishment, administration, operation, and maintenance of private aids to navigation.
Definitions
- Aids to Navigation: Devices external to vessels/aircraft that assist navigation or warn about dangers/obstructions.
- Private Aids to Navigation: Authorized by the Philippine Coast Guard but maintained by private parties or other agencies.
- Navigable Waters: Waters that form continuous highways for inter-island/international commerce.
- Lateral System: Color-coded navigation marking system (green for port side, red for starboard when entering port) per the International Maritime Buoyage System (Region B).
- Cardinal Marks: Marks indicating deepest water or safe passage side per compass cardinal directions.
- General Navigation: Routes or harbors commonly used by all vessels/watercraft.
General Provisions
- No establishment or operation of aids to navigation is allowed without PCG permission and registration.
- Private ports/harbors must conform to public standards.
- Authorization does not confer exclusive rights or allow charges or infringing private rights.
- Electronic aids are restricted to shore-based radar stations.
- No obstruction, damage, or unauthorized use of any aids to navigation permitted.
Procedures for Establishment
- Applications in triplicate to the PCG Commandant through Coast Guard District Commander.
- Requirements include justification, exact location details, specifications for lights/buoys/beacons, material drawings.
- PCG reviews, approves, inspects during construction, and verifies completion.
- PCG establishes positions for publication in Notices to Mariners and reports to NAMRIA for charting.
Registration
- Registration upon completion report, with sequential numbering and inclusion in PCG inventory.
- Fees: Application - P1,000; Unlighted Buoy - P3,000; Lighted Buoy - P5,000; Beacon - P7,500.
- Issuance of a certificate of aid to navigation registration.
Operation of Private Aids
- Continuous operation required according to PCG-approved specifications.
- Operation expenses borne by private owners.
- Mandatory reporting of temporary changes, alterations, or stoppages to PCG.
Maintenance
- Maintained to ensure continuous operation.
- PCG conducts periodic inspections.
Periodic Inspection
- Yearly inspections by PCG for compliance and maintenance evaluation.
- Issuance of yearly ATON inspection certificate upon fee payment.
- Random inspections may occur due to reported issues such as vandalism or poor maintenance.
Penalties
- Fines for violations range from P1,000 to P100,000 depending on the nature of the violation including failure to operate, operate as approved, report changes or stoppages, unauthorized establishment, obstruction, damage to aids.
Recession Clause
- All conflicting memorandum circulars are rescinded.
Effectivity
- Memorandum Circular takes effect 15 days after publication in a newspaper of general circulation.