Title
Philippine Coast Guard Salvage Regulations 1993
Law
Pcg Memorandum Circular No. 09-93
Decision Date
Aug 5, 1993
The Philippine Coast Guard establishes comprehensive salvage regulations for the recovery of vessels, wrecks, and navigational hazards, requiring registered salvors to obtain permits and adhere to safety protocols to ensure maritime safety and environmental protection.

Law Summary

Purpose

  • To prescribe guidelines governing the salvage of vessels, cargoes, wrecks, derelicts, and other navigation hazards within Philippine waters.

Scope

  • Applicable to all salvage operations involving sunken, floating, grounded vessels, wrecks, or objects within the territorial waters of the Philippines.

Definitions

  • Salvage: Rescue, towing, breaking, scrapping, refloating, or removal of ships, wrecks, hazards, and their cargoes within Philippine jurisdiction.
  • Salvor: Qualified person or entity holding a Philippine Coast Guard-issued Salvor Certificate of Registration (SCR).
  • Wreck: Vessel or structure no longer functional as designed.
  • Hazard: Any danger or obstruction to safe navigation.
  • Abandoned Vessel: Unmanned, ownerless, or officially abandoned vessel.
  • Port of Registry: Registration or licensing place at time of casualty or owner’s domicile if unregistered.
  • Salvor Certificate of Registration: PCG-issued accreditation document for salvors.
  • Salvage Certificate of Inspection: Attestation by Coast Guard that an object is a hazard after survey.
  • Salvage Permit: Authorization issued for specific salvage operations.
  • Emergency Salvage Permit: Permit for immediate salvage to remove navigational hazards.
  • Permit to Transport: Authorization to move salvaged items.

General Provisions

  • Philippine Coast Guard (PCG) is the sole government authority responsible for safety and salvage regulation in Philippine waters.
  • Only Filipino citizens or corporations at least 75% Filipino-owned may engage in salvage business and obtain SCR.
  • Salvage operations require prior issuance of Salvage Permit or Emergency Salvage Permit.
  • Salvors are liable for damages during operations.
  • Vessel owners may salvage their own property without permit provided ownership is established at the time of salvage.

Salvor Certificate of Registration (SCR)

  • Applicants must meet minimum requirements including vessels, equipment, and personnel.
  • Application submitted to nearest Coast Guard District with supporting documents such as business registration, NBI clearance, tax returns, and equipment certification.
  • New registrants receive a provisional one-year SCR, subject to review before granting a permanent three-year SCR.
  • Only the Commandant of the PCG approves SCR issuance.

Salvage Permits

  • Required to conduct salvage operations, with distinct forms for commercial, government, abandoned vessels, and cargo salvage.
  • Different clearances required for WWII vessels, cultural property, and use of explosives.
  • Salvage Permit includes location, objects to be salvaged, and duration.
  • Permits issued for not more than one year and may be renewed.

Salvage Operations

  • Use of explosives requires clearance from PNP Firearms and Explosives Unit and Coast Guard supervision.
  • Salvaging cargo requires customs clearance.
  • Salved items require Permit to Transport.
  • Coast Guard inspects completion of operations.
  • Emergency Salvage Permits issued when immediate removal of hazards is necessary.
  • Salvors must submit After-Salvage Operations Report including inventories and expenditures.
  • Procedures for oil spill incidents include immediate reporting, response coordination, and supervision by PCG.
  • Salvage vessels must be equipped with pollution control equipment.

Fees

  • Application for SCR: ₱500
  • SCR issuance and renewal: ₱2,500
  • Application for Salvage Permit: ₱200
  • Salvage Permit fees scale with vessel tonnage (₱1,000 to ₱2,500)
  • Renewal fees same as application fees

Administrative Fines and Sanctions

  • Unauthorized salvage business fined progressively from ₱5,000 up to ₱20,000 with possible suspension or revocation of license.
  • Equipment or cargo recovered unlawfully may be forfeited to government.

Responsibilities

  • Coast Guard District Commander: Issue permits, process SCR applications, monitor salvage operations, and enforce sanctions.
  • Coast Guard Station Commander: Issue Certificates of Inspection and Emergency Permits, supervise salvage in jurisdiction.
  • Assistant Chief of Staff for Navigational Safety (CG-10): Supervise implementation, maintain records, process approvals.
  • Salvor: Conduct safe and thorough operations, submit reports, and remove navigation hazards completely.

Rescission and Effectivity

  • Previous inconsistent memorandum circulars are rescinded.
  • This circular takes effect upon publication.

Annex A - Minimum Requirements for Salvor Applicants

  • Salvage barge with boom and crane, motor tugboat of at least 300 H.P.
  • Personnel including divers and necessary pumps.
  • Storage for explosives, welding and cutting tools, towing equipment, communication sets, first aid kit.

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