Penalties for Vessel Registration Violations
- Operating vessels without proper Certificates of Vessel Registry, Number, Ownership, or Coastwise and Pleasure Yacht licenses incur varying fines.
- Fines are calculated based on the Gross Register Tonnage (GRT) of the vessel.
- Specific fines range from P100 for small boats to P16,000 for very large vessels without proper certificates.
- Different categories apply for working vessels, yachts, and non-powered crafts.
Licenses for Trade and Recreational Vessels
- Operating with expired or without valid Coastwise Licenses or Bay and River Licenses for power-driven and non-power vessels is penalized progressively from first to succeeding offenses.
- Pleasure yachts must hold valid Pleasure Yacht Registrations and licenses to avoid fines.
Vessel Documentation Requirements
- Failure to register required books such as Engine and Deck Logbooks, Grain Loading Booklets, and Record of Changes results in fines per book or record.
- Specific record changes (name, homeport, owner, rig type, engine, service type) must be maintained; failure incurs penalties.
Vessel Safety Regulation Violations
- Operating vessels above 3 GRT without valid or with expired Certificates of Inspection incurs penalties increasing with repeated offenses.
- Smaller vessels carrying passengers or cargo, and cargo or fishing vessels without proper permits, are subject to lesser, yet escalating fines.
- Special Permits required for navigation, carrying hazardous cargo, and for unlicensed operators are strictly enforced with defined penalties.
Safety Certification for Overseas and Domestic Vessels
- Philippine-registered overseas vessels must maintain valid Manning Certificates, SOLAS, and other safety certificates or face fines.
- Domestic vessels in overseas trade require valid Exemption Certificates to avoid penalties.
Construction and Modification Compliance
- MARINA approval is mandatory prior to vessel construction, conversion, alteration, or rehabilitation.
- Failure to secure approval triggers per section fines escalating with vessel size.
Marine Surveying Operations
- Companies/entities performing marine surveys without MARINA accreditation face heavy fines.
False Statements and Fraudulent Documents
- False statements or misrepresentations in applications for vessel registration and safety incur P10,000 fines.
- Possession or use of spurious or fake certificates/licenses/documents also triggers penalties of P10,000.
Penalty Procedures and Due Process
- MARINA issues show cause orders to alleged offenders requiring written explanation.
- Cease and desist orders may be applied if public interest demands.
- Offenders charged with the most serious offense if multiple violations exist.
- Procedures follow MARINA Memorandum Circular No. 74, 1993, supplemented by the Rules of Court and Administrative Code, Executive Order No. 292.
- Repeated violations may lead to suspension or cancellation of certificates or licenses.
- Determination of repeated offenses is based on prior case decisions finding liability.
Repealing Clause
- Circumstances in conflict with this Circular amend or repeal inconsistent provisions of existing circulars, rules, and regulations.
Effectivity
- The Circular takes effect fifteen (15) days after publication in a newspaper of general circulation.