Coverage of the Circular
- Applies to all Philippine-registered ships of any size engaged in commercial operations within Philippine waters
- Excludes fishing vessels and government-owned ships not engaged in transporting goods or people
Key Definitions
- MARINA: Maritime Industry Authority
- Domestic Shipping: Transport of passengers/cargo between Philippine ports by duly registered ships for hire or compensation
- Domestic Ship Operator/Owner: Filipino citizen/entity authorized by MARINA to engage in domestic shipping
- Certificate of Public Convenience (CPC): License issued by MARINA for domestic shipping operations
- Commercial Operation: Carrying passengers and/or cargo regardless of ship size or tonnage
- Protected Water: Navigable waters within 3 nautical miles from nearest land; includes lakes, enclosed bays, protected areas by terrain or islands
- Coastal Water: Navigable waters more than 3 nautical miles from nearest land
- Open Sea: Waters not classified as protected or coastal but still within Philippine jurisdiction
General Provisions on Navigational Area Categorization
- Protected Water Geographical Features: Enclosed or mostly enclosed by land with limited exposure to open sea; diameter of bays up to 10 nautical miles; presence of mountainous terrain or islands providing protection from high waves, wind, and currents
- Protected Water Weather Conditions: Average wind speed below 10 knots; average wave height below 3.5 feet
- Coastal Water Characteristics: Waters more than 3 nautical miles from land; average wind speed above 10 knots; average wave height above 3.5 feet
- Open Sea Definition: Waters neither protected nor coastal but within Philippine jurisdiction
- Program for Wooden Hull and Motorbanca/Motorboats: Includes route identification, alternative materials/design, affordable financing for bigger ships, and coordinating cooperative acquisition for small operators
Specific Provisions for Operators
- Wooden hull motorbancas/motorboats with outriggers 35 GT and below, especially those carrying passengers, must observe safety requirements and pay attention to tides and currents
- Motorboats/motorbancas may continue operation after CPC expiration if no alternative port is available
Transitory Provisions
- Existing motorbanca/motorboat operators may continue current operations until CPC expiration
- Introduction of new/bigger ships in the area will require existing small ships to cease passenger transport upon CPC expiration but may continue cargo operations after evaluation
Repealing Clause
- All inconsistent MARINA circulars, rules, and regulations are deemed amended or repealed
Effectivity
- The Circular takes effect fifteen (15) days after publication in a newspaper of general circulation