- Details
- Parent Category: MEMO
PORT STATE CONTROL
I. AUTHORITY:
A. Republic Act (RA) 5173 (Philippine Coast Guard Law)
B. Presidential Decree (PD) 600
C. Presidential Decree 602, as amended by Presidential Decree 979
II. REFERENCES:
A. International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended
B. International Convention on Load Lines, 1966
C. International Convention for the Prevention of Pollution from Ships (MARPOL), 1973, as amended
D. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended
E. International Convention on Tonnage Measurement of Ships, 1969
F. International Maritime Organization (IMO) Resolution A.787(19) adopted on 23 November 1995, as amended
G. Convention on International Regulations for the Prevention of Collision at Sea (COLREGS), 1972
H. Convention Number 147 of the International Labor Organization (ILO)
I. Memorandum of Understanding (MOU) on Port State Control (PSC) in the Asia-Pacific Region dated 01 December 1993
J. Asia-Pacific Region Port State Control Manual Published by the Tokyo MOU Secretariat
K. Philippine Coast Guard Auxiliary (PCGA) Charter
III. SCOPE:
This Memorandum-Circular applies to all foreign-flagged vessels engaged in the international trade calling at any port of the Republic of the Philippines. It also covers the appointment and conduct of PCGA personnel as PSC Associate Members tasked to participate in PSC inspections.
IV. OBJECTIVES:
A. To rationalize, harmonize, and ensure a more effective implementation of PSC in the country.
B. To strengthen the enforcement of PSC function by infusing into the procedures recent PSC developments and innovations adopted by the Tokyo MOU on PSC in the Asia-Pacific region.
V. PURPOSES:
A. This Memorandum-Circular establishes a uniform implementation of the Convention standards on foreign-flagged vessels calling at any port of the Republic of the Philippines as stipulated in the following relevant instruments:
1. Resolution A.787(19) adopted by the IMO Assembly on 23 November 1995, as amended;
2. Asia-Pacific Region PSC Manual published by the Tokyo MOU Secretariat; and
3. Other existing international and national laws, rules, and regulations pertaining to safety of life at sea, prevention of pollution of the marine environment, minimum standards regarding shipboard conditions of employment and living arrangements, social and labor conditions (to include hours of work), and minimum safe manning of ships and competency of seafarers.
B. In reference to the relevant instruments, it likewise prescribes the procedures in the conduct of PSC inspections by appointed, authorized and qualified personnel of the Philippine Coast Guard (PCG) as well as PSC Associate Members from the Philippine Coast Guard Auxiliary (PCGA) subject to certain limitations.
VI. EXCEPTIONS:
This Memorandum-Circular does not apply to the following:
A. Ships of war, troopships, and Government vessels not engaged in trade
B. Ships not propelled by mechanical means
C. Wooden ships of primitive build
D. Pleasure yachts not engaged in trade
E. Fishing vessels
VII. DEFINITION OF TERMS:
A. Port State Control. Measure adopted by a port State to ensure that foreign-flag vessels visiting its ports possess the relevant certificates and documents required by the Conventions and that the crew and the overall condition of the ship, its equipment, machinery spaces and accommodation, and hygienic conditions on board, meets the provisions of the relevant instruments.
B. Port State. The State whose port or offshore installation is visited by a ship flying the flag of another State for the purpose of trade.
C. Party. A State that has adopted a Convention through ratification or accession; hence, the provisions of that Convention are applicable to ships carrying the flag of that State.
D. Authority. The Agency duly empowered by the port State to enforce and implement PSC functions. In the Philippines, the Philippine Coast Guard is the PSC Authority.
E. Clear grounds. Evidence that the ship, its equipment or its crew do not correspond substantially with the requirements of the relevant Conventions or that the Master or crew are not familiar with essential shipboard procedures relating to the safety of ships or the prevention of pollution.
F. Deficiency. A condition found not to be in compliance with the requirements of the relevant Convention or Code.
G. Detention. Intervention taken by the port State when the condition of the ship or its crew does not correspond substantially with the applicable Conventions or Codes to ensure that the ship will not sail until it can proceed to sea without presenting a danger to the ship or persons on board, or without presenting an unreasonable threat or harm to the marine environment.
H. More detailed inspection. An inspection conducted when there are “clear grounds” for believing that the condition of the ship, its equipment, or its crew does not correspond substantially with the particulars of the certificates.
I. Stoppage of an operation. Formal prohibition against a ship to continue an operation due to an identified deficiency(ies), which, singly or together, render the continuation of such operation hazardous.
J. Sub-standard ship. A ship whose hull, machinery, equipment, or operational safety is substantially below the standards required by the relevant Convention or whose crew is not in conformance with the safe manning document.
K. Valid certificate. A certificate that has been issued directly by a Party to a relevant Convention or on its behalf by a recognized organization after survey to a ship, which satisfies the requirements of the relevant Conventions governing its construction and operation.
L. Recognized organization. An organization that meets the relevant conditions set forth by IMO Resolution A.739(18) duly authorized by a flag State Administration through delegation to provide the necessary statutory services and certification to ships entitled to fly the flag of the Administration.
M. Asia-Pacific Computerized Information System (APCIS). A system established for the purpose of exchanging information on port State inspections, in order to:
1. Make available to Authorities information on inspections of ships in other regional ports to assist them in their selection of foreign flag ships to be inspected and their exercise of port State control on selected ships.
2. Provide effective information exchange facilities regarding port State control in the region.
N. Virtual National Center (VNC) Philippines. Repository of PSC reports submitted by PCG PSC units, which is activated in the Asia-Pacific Computerized Information System (APCIS) database. Only PCG units can access this with strict observance of login name and password confidentiality. The communications flowchart for reporting to the VNC is set out in Annex 1.
O. Associate Member. Philippine Coast Guard Auxiliary (PCGA) personnel duly designated and appointed as part of PSC Team to perform PSC inspections, subject to certain limitations.
VIII. GENERAL PROVISIONS:
A. RA 5173 vested the PCG with the authority to conduct vessel inspections including all foreign-flagged vessels for the promotion of safety of life and property at sea, control and prevention of marine pollution and verification of compliance with the minimum standards of training and social condition of officers and crew on board the ships.
B. PSC inspections shall be undertaken on the basis of:
1. the initiative of the Party (through the PCG as the PSC Authority);
2. the request of, or on the basis of, information regarding a ship provided by another Party to a relevant Convention; and,
3. information regarding a ship provided by a member of the crew, a professional body, an association, a trade union or any other individual with an interest in the safety of the ship, its crew and passengers, or in the protection of the marine environment.
C. Port State Control shall be carried out by qualified PCG personnel duly appointed by the Commandant, PCG (through issuance of HPCG orders) as Port State Control Officers (PSCOs) and those from the PCGA who are given appointments in the PCG as Associate Members, subject to certain limitations. PCGA Associate Member appointments shall also be covered by HPCG orders. In carrying out PSC functions, both PSCOs and Associate Members should be conversant with the guidelines set forth in this Memorandum-Circular, the current Asia-Pacific Region PSC Manual, IMO and ILO Conventions, and other relevant instruments.
D. PCGA Squadron Commanders shall nominate to the PCG District Commanders PCGA personnel to be appointed as PSC Associate Members. The nomination form shall be in accordance with Annex 2, which shall be filled out by each nominee and properly endorsed by the PCGA Squadron Commander. PCG District Commanders shall collect and collate all nominations and forward them to the Commandant, PCG (Attention: CG-8).
E. A PCGA Associate Members Selection Board (hereinafter referred to as the Board) is hereby created at HPCG composed and designated as follows:
POSITION DESIGNATION
PCGA National Director Chairman
Superintendent, CGTC Vice-Chairman
AC of S, CG-8 Member
AC of S, CG-9 Member
Deputy AC of S, CG-8 Member/Recorder
F. The Board shall deliberate on the nominations forwarded by PCG District Commanders. They shall select the most qualified PCGA personnel and recommend to the Commandant, PCG their appointment as Associate Members in the appropriate PSC Centers and Divisions. In their deliberations, the Board should be guided by Chapter 2.5: “Qualification and Training Requirements of PSCOs” of IMO Resolution A.787(19), which provides the following:
1. The PSCO should be an experienced officer qualified as flag State surveyor.
2. The PSCO should be able to communicate in English with the key crew.
3. Training should be provided for PSCOs to give the necessary knowledge of the provisions of the applicable Conventions, which are relevant to the conduct of port State control, taking into account the latest IMO Model Courses for port State control.
4. In specifying the qualifications and training requirements for PSCOs, the Administration should take into account, as appropriate, which of the internationally agreed instruments are relevant for the control by the port State and the variety of types of ships, which may enter its ports.
5. PSCOs carrying out inspections of operational requirements should be qualified as: a Master or Chief Engineer and have appropriate seagoing experience, or have qualifications from an institution recognized by the Administration in a maritime related field and have specialized training to ensure adequate competence and skill, or be a qualified officer of the Administration with an equivalent level of experience and training, for performing inspections of the relevant operational requirements.
6. Periodical seminars for PSCOs should be held in order to update their knowledge with respect to instruments related to port State control.
G. In addition, the Board should ensure that the nominated Associate Members have no commercial interest, either in the port of inspection or in the ships inspected.
H. A contract of undertaking in accordance with Annex 3 should be executed by individual PCGA personnel upon approval by CPCG (through the recommendation of the Board) of their appointment as PSC Associate Members in the appropriate PSC Centers and Divisions. The duly signed contract of undertaking shall be forwarded by District Commanders to HPCG for the endorsement of CG-8 for the issuance of appointment orders by the Coast Guard Adjutant (CGA).
I. PSC Associate Members from PCGA shall perform PSC functions under the direct authority of the PSC Center or Division Commander where they are appointed. Their participation in this activity is governed particularly by the guidelines set forth in the contract of undertaking and this Memorandum-Circular.
IX. PROCEDURES:
A. PSC Centers and Divisions in each international port shall coordinate with the local port authority/operator for the availability of a copy of the daily or weekly shipping schedule (whichever is applicable).
B. At the earliest possible opportunity, PSCOs/Associate Members (hereinafter referred to as PSC Team) should ascertain the year of build and size of the ship to be inspected for the purpose of determining which provisions of the Conventions are applicable. Before boarding, the PSC Team should check the condition of the mooring lines, gangway arrangements, general condition of the hull and if the load line is properly marked on the ship’s sides.
C. Upon boarding, the PSC Team should notify the Master, or in his absence, the senior deck officer on board on the purpose of the visit. Then, the PSC Team should seek information as to when the last PSC inspection of the ship took place and if undertaken within the last six months, ask to see the report of that inspection. If the report was satisfactory, no further action should be taken. If the report showed some deficiencies, the inspection should normally be confined to checking that appropriate actions have been taken on the deficiencies noted in the previous inspection.
D. As warranted, no further action shall be taken if the previous deficiencies have been rectified. In both cases, the PSC Team shall depart without delay. If, however, the previous deficiencies remain uncorrected, the PSC Team shall take note of the deficiencies and proceed with its inspection, furnishing the port State that conducted the previous PSC inspection a copy of the new Report of Inspection (Annex 4.1 – Form A and Annex 4.2 – Form B). Use of the APCIS is encouraged to facilitate this process.
E. If the ship has not undergone an inspection within the last six months, the PSC Team should proceed in verifying all the required certificates/documents and in the conduct of a cursory inspection as warranted. If the inspection is satisfactory, the appropriate form (Form A) shall be filled up. After furnishing the Master or senior officer on board a copy of the inspection report, the PSC Team should depart without delay.
F. If the ship does not carry valid certificates, or if the PSC Team, from general impressions or observations on board, has “clear grounds” for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificates, or that the Master or crew is not familiar with essential shipboard procedures, a more detailed inspection should be carried out as described in Chapter 3 of the Asia-Pacific Region PSC Manual and using the applicable provisions of the check-off list for PSC inspections set forth in Annex 5. Forms A and B shall be accomplished. The PSC Team shall likewise advise the Master, local agent, local Classification Society representative and the local flag State representative (Consul), wherever possible, of the impending detailed inspection and the result thereof, copy furnished the concerned District/Station Commanders and CPCG (Attention: AC of S, CG-8/Dir, CGOC).
G. The PSC Team shall require the deficiencies to be corrected before a specified time and impose operational restrictions in the interim or continuously detain the ship until the major deficiencies are corrected. If minor deficiencies are found but are deemed not to endanger the ship, the people on board and the environment such that she may be allowed to proceed to the next port of call, the PSC Team shall inform the port State next to be visited by the ship using the form in Annex 6. A copy of the form shall also be forwarded to the District/Station Commanders concerned and to CPCG (Attention: AC of S, CG-8) when there is failure in posting of same at the VNC Philippines.
H. Guidelines for the detention of ships are as follows:
1. When deciding whether the deficiencies found in a ship are sufficiently serious to merit detention, the PSC Team should assess whether:
a. the ship has valid documentation; and,
b. the ship has the crew required in the minimum Safe Manning Document.
2. During the inspection, the PSC Team should further assess whether the ship and/or crew, throughout its forthcoming voyage, will be able to:
a. navigate safely;
b. safely handle, carry and monitor the condition of the cargo;
c. operate the engine room safely;
d. maintain proper propulsion and steering;
e. fight fires effectively in any part of the ship if necessary;
f. abandon ship speedily and safely, and effect rescue if necessary;
g. prevent pollution of the environment;
h. maintain adequate stability;
i. maintain adequate watertight integrity;
j. communicate in distress situations if necessary; and,
k. provide safe and healthy conditions on board.
3. If the result of any of these assessments is negative taking into account all deficiencies found, the ship should be strongly recommended for detention. A combination of deficiencies of a less serious nature may also warrant the detention of the ship.
4. Further to the above, listed hereunder are the additional guidelines for detentions:
a. length and nature of the intended voyage or service;
b. whether or not the deficiency poses a danger to the ship, persons on board, or the marine environment;
c. whether or not appropriate rest periods of the crew can be observed;
d. size and type of ship and equipment provided; and,
e. nature of cargo.
I. The PSC Center/Division shall coordinate with the Philippine Ports Authority (PPA) for the latter to hold the departure of a detained vessel until the PSC Center/Division Commander duly clears that vessel.
J. In cases of ships carrying dangerous goods, the PSC Team may require the inspection of the following, pursuant to Regulation VII/5, SOLAS 74/78, as applicable:
1. A special list of dangerous and hazardous cargo manifest setting forth the dangerous goods on board and the location thereof.
2. A detailed stowage plan, which identifies the cargoes by class and sets out the location of all dangerous goods on board.
The absence of either of these documents will be a sufficient reason for the PSC Team to hold the vessel until they are both submitted accordingly.
K. After the PSC inspections, the Master of the vessel inspected shall be required to accomplish the Certificate of Orderly Inspection (Annex 7 – Form D). This will be followed by the proper and courteous departure of the PSC Team.
L. Re-inspection of vessels detained by a PSC Center/Division shall be conducted on the date and time requested in writing by the vessels’ owner, his authorized agent or the vessel’s Master for verification of the rectification of deficiencies found during the PSC inspection. No re-inspection fee shall be collected.
X. RESPONSIBILITIES:
A. The Commanders of Coast Guard Districts shall be responsible for the implementation of this Memorandum-Circular and shall ensure:
1. Proper coordination and information dissemination, particularly with PPA and local shipping agents.
2. Positive control and supervision over PSC Teams and proper conduct of inspections.
3. Expeditious submission of reports, as required.
4. Collection and collation of PCGA Associate Member nomination forms and their subsequent submission to CPCG (Attn: AC of S, CG-8).
5. Submission by PSC Centers and Divisions of accomplished PSC forms and inspection reports to HPCG (Attention: AC of S, CG-8) if reports have not been posted in the Virtual National Center Philippines (APCIS).
6. Proper maintenance of PSC records aboard District and Station offices.
B. The PSC Center/Division Commander shall undertake the following:
1. Proper coordination and information dissemination, particularly with PPA and local shipping agents.
2. Proper conduct of PSC inspections and accomplishment of required reports including those that are required to be posted at VNC Philippines.
3. Submission of reportorial requirements to CPCG (Attention: AC of S, CG-8) as stipulated herein in accordance with para X.A(5).
4. Forwarding of copies of reports and appropriate notices to the District Commander, Master of the vessel, local shipping agent concerned/owner’s representative, local Classification Society representative concerned, and local office of the flag State whose flag the vessel is entitled to fly (Consul). The Coast Guard Operations Center (CGOC) shall likewise be furnished copies of PSC reports in cases of vessel detentions in accordance with HPCG SOP No. 01-00 dated 11 February 2000.
5. Close supervision of PSCOs and Associate Members relative to their conduct, competence, and efficiency.
C. AC of S, CG-8/Director, PSC Central shall undertake the following:
1. Monitoring of the general conduct of PSC inspections in the country.
2. Approval and forwarding of relevant PSC reports to the IMO and the Tokyo MOU Secretariat including those being sent to the Asia-Pacific Computerized Information System (APCIS) database in Vladivostok, Russia.
3. Maintenance and updating of all PSC records and reports aboard CG-8 Office.
4. Maintenance of close coordination with IMO Tokyo MOU Secretariat and other members of the Tokyo MOU.
5. Periodic review of existing PSC regulations and procedures.
6. Review of qualifications and subsequent endorsement for the confirmation by CPCG of appointment orders of qualified PSCOs.
7. Carefully screen for completeness of entries the Associate Member nomination forms submitted by the PCG District Commanders and direct the Deputy, CG-8 to prepare the administrative requirements necessary for the deliberation of the Board.
8. Programming of training of PSCOs through the Coast Guard Training Center (CGTC) and other local and foreign training centers and agencies, in coordination with AC of S, CG-7. Training of Associate members shall be addressed in coordination with the concerned PCGA squadron.
9. Monitor the status of vessels detained until they are cleared for their next voyages.
XI. PENALTY CLAUSE:
A. PCG personnel who fail to perform properly their duties and responsibilities as PSCOs including, but not limited to, the causation of unreasonable delay to ships inspected, and/or those whose actions violate the integrity of an inspection and shall be punished in accordance with existing applicable regulations.
B. The appointment orders of PCGA Associate Members found in violation of the relevant provisions of this Memorandum-Circular related to their participation in PSC inspections including, but not limited to, failure in maintaining the integrity of an inspection, shall be immediately terminated without prejudice to filing of appropriate administrative and/or criminal charges and the payment of all damages incurred resulting from such violations. Likewise, their appointment to the PCGA shall be subjected for review to determine their suitability to stay in the service of the PCGA.
XII. RESCISSION CLAUSE:
Memorandum-Circular No. 08-96 dated 18 November 1996 is hereby rescinded.
XIII. EFFECTIVITY:
This Memorandum-Circular shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
EUCEO E FAJARDO
RADM PCG
- Details
- Parent Category: MEMO
INTERIM GUIDELINES ON MOVEMENT OF VESSELS AND MOTORBOATS ENGAGED IN “SHORT DISTANCE VOYAGES” IN “SPECIAL AREAS”
I. AUTHORITY:
RA 5173 as amended by PD 601
II. PURPOSE:
To prescribe policies and procedures in the movement of vessels and motorboats during fair weather condition in the locality despite being declared to be under Public Storm Warning Signal Number 1 by PAGASA.
III. APPLICATION:
This circular shall apply to vessels and motorboats of 1,000 GT and below engaged in “Short Distance Voyages” operating in “Special Areas” within the territorial jurisdiction of the Republic of the Philippines.
IV. EXEMPTIONS:
A. Tugboats purposely used in assisting vessels in docking or undocking to or from berthing piers or wharves;
B. Government-operated vessels and motorboats used for non-commercial purposes; and
C. Vessels and motorboats called upon by the PCG to assist in a specific search and rescue operation.
V. DEFINITION OF TERMS:
A. MARINA – Maritime Industry Authority
B. Motorboat – under this circular, refers to traditionally designed and built wooden hull watercrafts capable of being used as means of transportation.
C. PAGASA - Philippine Atmospheric, Geophysical and Astronomical Services Administration
D. PCG – Philippine Coast Guard
E. PPA – Philippine Ports Authority
F. Public Storm Warning Signal (PSWS) Nr 1 - declared if winds of 30-60 kph (approximately 16 – 32 knots) are expected in the locality in at least 36 hours.
G. Public Storm Warning Signal (PSWS) Sector – refers to areas covered by PSWS Nr. 1 or PSWS Nr. 2 and higher which are shown with corresponding color codes, as provided in PAGASA website.
H. Route – as used in this circular, is defined as a way or course, taken or planned to be taken, in navigating from a point of origin to a point of destination, as differentiated from the word “route” used in MARINA issued franchises.
I. Short Distance Voyages – for the purpose of this circular, refers to those voyages conforming to all the characteristics described below:
i. distance from the point of origin to the point of destination shall not exceed four (4) kilometers (2.16 nautical miles);
ii. voyage from the point of origin to the point of destination can be completed within thirty (30) minutes maximum; and
iii. the point of origin, route and point of destination, altogether, are within a line of sight.
J. Special Areas – as used in this circular, are areas within bays and rivers or enclosed by natural coves or sheltered zones whose natural topographical characteristic makes its sea area less vulnerable to adverse effects of the prevailing weather condition. Initially, the following are declared special areas under the purview of this Circular:
i. Iloilo Strait bounded by the following points: On Iloilo side south edge of Mansaya River or at coordinates Lat 10 deg 42.2 mins N, Lat 122 deg 35.3 mins E; West edge of Ortiz Wharf or at coordinates Lat 10 deg 41.4 min N Long 122 deg 34.4 E; on Guimaras side at Estampa Point or at coordinates Lat 10 deg 42.4 min N Long 122 deg 37 mins E and Nagaba Point at coordinates Lat 10 deg 39.9 mins N Long 122 deg 35 mins E.
ii. Tanon Strait between Boracay and Caticlan traditionally used as routes between said areas bounded by the following coordinates:
| Point1: | Lat 11 degs 56 mins 04 secs N | Long 121 degs 56 mins 01 sec E; |
| Point 2: | Lat 11 degs 55 mins 09 secs N | Long 121 degs 56 mins 09 secs E; |
| Point 3: | Lat 11 degs 56 mins 05 secs N | Long 121 degs 57 mins 05 secs E; |
| Point 4; | Lat 11 degs 57 mins 02 secs N | Long 121 degs 56 mins 08 secs E. |
iii. All other areas as the Commandant, PCG may direct.
K. Vessel – under this circular, refers to any ship, watercraft or other conveyances used or capable of being used as means of transportation.
VI. GENERAL POLICY:
Due to the distinct geographical characteristics of certain areas in the country, effects of any particular typhoon signal may vary from one place to another whenever it is hoisted or declared by PAGASA. As such, responsibility and discretion is left to the vessel or motorboat owners/ masters / patrons/ boat captains engaged in “Short Distance Voyages” in “Special Areas” the decision to sail when PSWS Nr. 1 is hoisted in any of its origin, or route or destination. It is expected that they will act according to their best judgment in order not to expose their crew and passengers to unnecessary risks and prevent the loss of lives and properties
VII. SPECIFIC POLICIES:
A. Vessels and motorboats engaged in “Short Distance Voyages” within “Special Areas”, may sail when PSWS Nr. 1 is hoisted within its point of origin or route or point of destination only when all the following conditions are strictly satisfied:
i) Voyage shall only be from sunrise to sunset;
ii) Sea condition is not rough;
iii) Prevailing wind speed in the area is not more than 30 kph or 16 knots based on PAGASA or other reputable sources;
iv) Rain showers in the point of origin, route or destination should not be Moderate or Heavy;
v) There is good visibility. The route and area of destination is seen by the naked eye from the point of origin;
vi) Duly licensed passenger vessels or motorboats shall only carry passengers not exceeding 75% of its authorized passenger capacity as per MARINA issued Passenger Ship Safety Certificate (PSSC);
vii) For passenger boats with open decks, passengers and crew shall wear lifejackets prior to the departure of vessel or motorboat and until disembarkation at the point of destination;
viii) Masters and Boat Captains shall ensure that maximum precautionary measures shall be observed in ensuring the proper lashing and stowage of cargoes loaded onboard the vessel or motorboat prior departure;
ix) There shall be a designated look-out and standby Emergency Boat provided by any of the Local Government Unit(s) or Shipping Company or Motorboat Association in the origin and/or destination in case assistance will be needed;
x) There shall be a credible communication link between vessels and motorboats and the designated standby Emergency Boat and the PCG.
B. Vessels and motorboats which cannot comply with paragraph A shall not sail, except to take shelter.
C. Vessels and motorboats sailing for the purpose of taking shelter shall depart without passengers. Cargoes already loaded onboard the vessel may be permitted to remain onboard provided that maximum precautionary measures shall be observed by ensuring that proper lashing and stowage are strictly followed.
D. It is the decision and responsibility of the Master/ Patron/ Boat Captain and ship/ motorboat owner to ensure the safety of the ship/ motorboat and crew whenever they decide to take shelter.
E. In no way shall ship/ motorboat owners and Masters/ Patrons/ Boat Captains of vessels depart from the intent of this circular by violating the objective of the provision hereof on taking shelter.
F. Ship/ motorboat owners and Masters/ / Patrons/ Boat Captains shall exercise extra-ordinary diligence required by law for common carriers in ensuring the safety of life and property at sea.
VIII. PROCEDURES:
A. Every Master/ Patron/ Boat Captain or any person in charge of a vessel/ motorboat, including the owner/ operator shall consider the safety of life at sea to take precedence at all times.
B. The Master/ Patron/ Boat Captain or any person in charge of a vessel/ motorboat shall ensure that the latest weather bulletin is obtained and the track of the typhoon and the PSWS Sectors are plotted on the weather chart.
C. It is the responsibility of the Master/ Patron/ Boat Captain of the vessel/ motorboat to take all the necessary precautions to avoid danger to his ship/ boat and injury to his crew and passengers.
IX. RESPONSIBILITIES:
A. Director, PCG Action Center/ Command Duty Officer:
1. Coordinate with PAGASA on the availability of weather bulletin every 0500H, 1100H, 1700H and 2300H or whenever weather updates from PAGASA are available and immediately disseminate same through fastest means of communications to all PCG units, prioritizing the areas directly affected or may be affected by the typhoon.
2. Plot in the weather chart the track, forecast position of the typhoon and PSWS Sectors in reference to paragraph 1 hereof.
3. Immediately advise the Commandant, PCG of any major maritime incident.
4. Continuously monitor all PCG units and take appropriate action on all reported maritime incidents. Recommend to the Chief, CG Staff the activation of the Crisis Management Committee in case of major incidents.
5. Perform other tasks as the Commandant, PCG may direct.
B. PCG District Commanders:
1. Monitor and promptly obtain the latest weather bulletin through HPCG or PAGASA.
2. Plot in the weather chart the track, forecast position of the typhoon and PSWS Sectors in reference to paragraph 1 hereof.
3. Promptly disseminate the latest weather bulletin to all subordinate units.
4. Render situation report (SITREP) to HPCG every six hours to include local weather and maritime traffic condition.
5. Monitor distress frequencies (VHF-Channel 16 [156.8 Mhz] and HF 2182 Khz H3E [AM] transmission) and other sources of reports particularly during adverse/heavy weather condition.
6. Through its CG Station Commanders, ensure that vessels/ motorboats engaged in “Short Distance Voyages” in “Special Areas” within its AOR comply with all the provisions of Section VII of this Circular.
7. Cancel short distance voyages as recommended by cognizant station commander in case weather deteriorates or the provisions of Section VII of this Circular are not met.
8. Perform other duties as the Commandant, PCG may direct.
C. PCG Station/Detachment Commanders:
1. Promptly obtain and monitor the latest weather bulletin through the District Headquarters, HPCG or PAGASA.
2. Plot in the weather chart the track, forecast position of the typhoon and PSWS Sectors in reference to paragraph 1 hereof. Display the weather chart in a conspicuous area within the Station/ Detachment office for the benefit of those who want to be appraised of the prevailing weather condition.
3. Promptly disseminate the latest weather update to all concerned subordinate units.
4. Render situation report to District Headquarters every six hours to include weather and maritime traffic condition.
5. Ensure that vessels/ motorboats engaged in “Short Distance Voyages” in “Special Areas” within its AOR comply with all the provisions of Section VII of this circular.
6. Recommend the cancellation of short distance voyages as allowed in this Circular in case the weather deteriorates or the conditions set in section VII of this Circular are not met.
7. Put on record all notifications from vessels intending to seek shelter.
8. Monitor distress frequencies (VHF-Channel 16 [156.8 Mhz] and HF 2182 Khz H3E [AM] transmission) particularly during adverse/heavy weather condition.
9. Perform other tasks as the District Commander and/or the Commandant, PCG may direct.
D. Ship Owners/ Operators:
1. Ensure that all vessels are properly informed of weather updates that are promptly obtained from PAGASA or other available sources, to include the PSWS Sectors where typhoon signals are hoisted or may be hoisted.
2. Install weather fax and other weather monitoring equipment as prescribed by MARINA.
3. Disallow Master, Patron or Boat Captain from having the vessel/ motorboat depart from port, except for sheltering purposes, when the prevailing condition of the weather and vessel/motorboat do not comply with the provisions of Section VII of this Circular.
4. Monitor and maintain communication with their vessel from the time it departed the port until its arrival at the port of destination.
5. Keep track of all weather bulletins or reports for dissemination purposes, as well as monitor all their vessels’ situation or movement until the typhoon leaves Philippine AOR.
6. Inform the PCG immediately of any unusual incident, such as their vessel being involved in a maritime incident or is missing or has lost contact or developed engine derangement.
7. Direct Masters/ Patrons/ Boat Captains to institute maximum precautionary measures to ensure proper stowage and lashing of cargoes, as prescribed by MARINA, before departure and cause the posting of watches to ensure the safe condition of cargoes during the entire voyage/ sheltering.
8. Require Masters, Patrons or Boat Captains or their representatives involved in the safe operation of their ships/ motorboats to review/ study the Typhoon Evasion or Avoidance Doctrine.
E. Masters/ Patrons/ Boat Captains:
1. Obtain and monitor the weather bulletin through PAGASA, and other available sources.
2. Plot the prevailing weather condition, weather forecast and PSWS Sectors on the weather chart.
3. Inform the nearest PCG unit of his decision to depart to seek shelter as may be necessary.
4. Ensure that there are no passengers onboard when departing from port to seek shelter.
5. Take no other option and cancel voyages when the prevailing condition of the weather and vessel/motorboat do not comply with the provisions of Section VII of this circular.
6. Institute maximum precautionary measures to ensure proper stowage and lashing of cargoes, as prescribed by MARINA, before departure and cause the posting of watches to ensure the safe condition of cargoes during the entire voyage/ sheltering.
7. Review/ study the Typhoon Evasion or Avoidance Doctrine.
8. The overall responsibility of ensuring the safety of the ship, its passengers and crew rests with the Master/ Patron/ Boat Captain at all times.
X. PENALTIES AND SANCTIONS:
It shall be the duty and responsibility of the Master/ Patron/ Boat Captain of the vessel/ motorboat to ensure strict adherence to this Circular, at all times, and violations of the provisions hereof shall be subject to the following administrative fines and/ or penalties after due notice and investigation.
A. First Violation – P 5,000.00 for every departure and warning;
B. Second Violation – P 10,000.00 for every departure and stern warning;
C. Third Violation – P 20,000.00 for every departure and PCG to recommend the revocation of Master/ Patron/ Boat Captain’s License.
XI. RESCISSION CLAUSE:
The provisions of existing Memorandum Circulars which are inconsistent with this Memorandum Circular are hereby modified accordingly.
XI. AUTOMATIC REVIEW:
This Memorandum Circular shall be subject to automatic review one year after its effectivity.
XII. EFFECTIVITY:
This Memorandum Circular shall take effect fifteen (15) days after its publication in a newspaper of general circulation.
SGD
WILFREDO D TAMAYO
ADMIRAL PCG
Commandant,PCG
- Details
- Parent Category: MEMO
OPERATION AND MAINTENANCE OF AIDS TO NAVIGATION
I.PURPOSE:
A. This circular establishes he system in the maintenance and operation of aids to navigation.
B. It prescribes the policies and responsibilities of all personnel concerned
II.SCOPE:
This circular applies o all concerned in the performance operation and maintenance of aids to navigation.
III.DEINITIONS:
The following terms when used in this circular shall be construct to mean:
a. Lighthouse keeper-A PCG personnel detailed to operate and maintain a light station and stays at the LII dwelling.
b. Personnel In-Charge (PIC)-Any PCG personnel designated responsible for the light station in accordance with IIPCG Memo dated 11 March 96 PIC of unnamed LS has office at Coast Guard Districts or Coast Guard Stations.
c. District Aids to Navigation Office (DANO)-It is an office created at the CGD to implementation/supervises the necessary maintenance and operational measures for all aids to navigation under his Area of Responsibility (AOR).
d. Lighthouse/Light Station-A fixed structure fitted with lighting apparatus emits light of constant quality installed at the top of the tower which serves as the markers of land and veering points or confirming position of vessels.
IV.POLICIES:
A. Coast Guard District Commanders-shall have the administrative supervision and operational control of light station and other navigational aids.
B. A District Aids to Navigation Office (DANO) shall be organized in every Coast Guard District and will be manned by qualified military personnel.LIghtkeepers and utility C-worker. They will be under the administrative control of the district commander but under the operational control of the C,and:
C. Only (1) one light keepers will be assigned in a lightstation, PIC will be designated to
D. Assignment and reassignment of civilian personnel to and from the Coast Guard District shall be at IIPCG level as recommended by CANC.
E. Assignment and reassignment of military personnel o and from the light station shall be a by CANC.Aids to Navigation trained personnel should remain to perform Aids to Navigation functions for at least Three(3) years for officers and/or at least five (5)years.
F. HANC shall remain as the central and operating unit of the PCG in the establishment, development, modernization, administration, operation and major repair and maintenance of light station and other aids to navigation.
G. Asst. Chief of Staff for Navigational Safety (Cg-10) will be the central coordinating staff for Aids to Navigational.
H. No officer or personnel assigned or performing functions relating to Meteor burst Monitoring System shall be relieve, until such time the relieving counterpart has adequately learn the tasks.
V.RESPONSIBILITY:
A. Coast Guard District Commanders:
1. Responsible for the assignment of light keepers within the district level and apply HPCG Memorandum on Supervisors (UP) and Personnel-In-Charge (PIC)on lighthouses and other ATON equipment’s and accessories.(Refer to HPCG Memo dtd 11 Mar 1996).
2. Responsible for the organization of District Aids to Navigation Office (DANO)and fill-up of ATON personnel/manning,administrative,logistics,and operation requirements.
3. Responsible for the programming of logistic requirements and establishments of storage facility for equipment’s repair parts and other materials (Refer to appendix to annex 4)
4. Responsible for the formulation of accounting system and insure that non-expenditure items shall be accounted with signal Memorandum Receipts (MRs)
5. Develop and enhance technical expertise and repair and other personnel in the district.
6. Responsible for the operation and maintenance of lighthouse and other Aids to Navigation in their area of responsibility.
7. Supervise security of light station and other Aids to Navigation in their area of responsibility.
8. Render-monthly report on list of existing ATON (Annex 3).
B. District Aids to Navigation Officer:
1. Conduct periodic inspection and progressive maintenance services to ensure normal operation of all ATON equipment at all times.
2. Conduct trouble shooting and minor repair services to ATON on site.
3. Conduct inspection and determine condition of structure and serviceability of the light.
4. Conduct in house training on the maintenance of other ATON in Coast Guard District with HANC.
5. Manage the operation and maintenance of other ATON in Coast Guard District AOR.
6. Acquire, store and distribute spare parts and supplies to light station (Refer to Annex 4)
7. Determine the location/coordinates for proposed sited of LS.
8. Send defective are parts and equipment to HANC for repair/replacements
9. Inspect and monitor completion of installation on projects and repairs on structures, dwelling, and render report to District Commander and HANC.
10. Render the Monthly List of Existing ATON (annex 3)
C. Headquarters Aids to Navigational Command:
1. Render technical assistance, as needed to the Coast Guard District on matters the operation of all aids to navigation.
2. Conduct scheduled inspection on condition and actual situation of Aids to Navigation.
3. Conduct major repairs on the equipment and apparatus of lighthouses to include is towers and structures.
4. Conduct repairs, replacement and planning of navigational buoys.
5. Provide refresher courses and advance training to personnel of CG District ATON office/units and light keepers.
6. Conduct necessary repairs of defective apparatus, spare parts and equipment received from CG District ATON office/unit.
7. Determination, acquisition, storage and distribution of spare parts and apparatus o cognizant ATON end-users. (Refer to Annex 4)
8. In coordination with CG-1, responsible for the recruitment and assignment as well as rotation of lighthouse personnel to the District Command.
9. In coordination with CG-1, responsible for the personnel advancement and upgrading of lighthouse personnel/position.
10. Monitor the performance and operating status of lighthouses, beacon and buoys.
11. In coordination with other government agencies, plan, program and execute the establishment and acquisition of light stations, other aids navigation and equipment.
12. Render periodic reports to HPCG (Attn: CG-10).
D.STATION COMMANDERS;
1. Conduct periodic inspection of light station in respective AOR and render report to district level on matters to station and/or light keeper.
2. Conduct minor repair on LHs within its AOR.
3. Conduct ATON situation report by Rad MSG Form (Refer to Annex 1)
E.LIGHTKEEPER/PERSONNEL IN-CHARGE (PIC)
1. Responsible in the normal operation and maintenance of respective light station and other ATON.
2. Conduct daily inspection of respective light station or other ATON especially after a calamity.
3. Render report for any abnormal operation of light station or ATON (Refer to Annex 2)
4. Responsible for the security of light station of ATON.
5. Responsible for maintenance of LS site and reservation.
6. Conduct PMS/minor on his assigned light station.(Refer to Annex 4)
F.AC OF SS FOR NAVIGATIONAL SAFETY (CG-10)
1. Allocate funds, logistics and POL of Coast Guard District and Personnel requirement of District Aids to Navigational Office.
2. Evaluate, study and approve all recommendations for promotion, assignment, training and upgrading of pay allowances of LS personnel in accordance with existing policies.
3. Issue Notice to Mariners.
4. Evaluate and approve the establishment of new light stations,bouys,private aids to navigation and discontinuance of the operation of a chartered light stations as recommended by CGD.
6. REPORTING:
A. ATON Situation Report (Rad Msg/Annex 1).
This Report will be rendered by the Coast Guard Station Commander after being informed by the lighthouse keeper concerned on lighthouse situation report (Annex 2).It is rendered accordingly to upgrade/update the ATON Data System.
In this particular reporting system an initial report will be made filing up all the information as shown by the format in Annex 1.In the succeeding situation report, on the change of status shall be included in the radio message.
How to Render Report (After initial report): If the batteries of LS Bojeodor are defective, the message is as follows:
FM: SC, CGS CURRIMAO
TO: C7CGD
INFO: CPCG (ATTN: CG-10/CANC)
BT…
UNCLASS X CITE
AI/LS BOJEADOR
01/UASA/SOLAR BATT
02/6EA
X ATON SR 04 JUN 96 X
B.LS SITUATION REPORT (WRITTEN/ANNEX 2):
The LS Situation Report id rendered by LK/PIC whenever there is a change of lighthouse status as after servicing repair or any changes they may occur in the said lighthouse.
Filling of the information is similar to ATON Situation Report Rad Message; Refer to annex 2.This will be the basis of ATON Situation Report by the cognizant CG Station.
C. List of Existing ATON (ANNEX 3):
This is a monthly report rendered by the Coast Guard Districts to the Headquarters Philippine Coast Guard (Attn: CG_10) with a copy furnished to Commander, Aids to Navigation Command. It is a coordination report on all Aids to Navigation in the district’s AOR.
This particular report shall be made every end of the month to reach headquarters not later than the 7th day the succeeding month. (Annex 3)
7. RECESSION CLAUSE;
All circulars and policies inconsistent with this circular are hereby rescinded.
8. EFFECTIVITY;
This Circular shall take effect upon publication.
BY COMMAND OF COMMODORE CAPADA;
JOSE G GARCIA
CAPT PN (GSC)
Chief of Staff, PCG
OFFICIAL;
(SGD)
PEDRO V TINAMPAY
LT PN
Coast Guard Adjutant
- Details
- Parent Category: MEMO
RULES AND REGULATIONS PRESCRIBING THE ESTABLISHMENT, ADMINISTRATION, OPERATION, AND MAINTENANCE OF PRIVATE AIDS TO NAVIGATION
I. AUTHORITY
A. Section 1 (C) & 3 (I), 5 and 6 of RA No 5173, otherwise known as the “COAST GUARD LAW”
B. P.D. 601
II. SCOPE:
This Memorandum Circular applies to all aids to navigation, regulatory markings, obstruction buoys or beacons owned and/ or maintained by private parties, associations and other government agencies (such as the Cebu Port Authority and Philippine Ports Authority), established/ installed in navigable waters of the Philippines
III. PURPOSE:
To prescribe the rules and regulation for the establishment, administration, operations, and maintenance of private aids to navigation in navigable waters in the Philippines.
IV. DEFINITIONS OF TERMS:
A. Aids to Navigation - means any device external to a vessel or aircraft designed / intended to assist a navigator to determine his position or safe course or to warn him of danger or obstruction to navigation.
B. Private Aids to Navigation - an aid to navigation authorized by the Philippine Coast Guard (PCG) but established, administered, operated and maintained by private parties, associations and other government agencies, to include the Philippine Ports Authority, in the navigable waters in the Philippines.
C. Navigable Waters - the term navigable waters, singular or plural means Waters navigable in fact which itself, or by uniting with other waters, navigable in long forms a continuous highway over which inter-island of international commerce may be conducted in the customary mode of trade and travel on waters.
D. Lateral System - A day system of aids to navigation in which buoys, Day beacon and minor lights marking navigable Channels are assigned colors and numbers in geographical sequence and in accordance with their respective locations in relation to the channel. The Philippines which belongs to Region B of the international Maritim Buoyage System prescribes the color green for buoys and markers on the port side of the channel and red on the starboard, when entering port. (Additional, detailed information may be found in the International Association of Lighthouses Authorities (IALA) handbook of the Maritime Buoyage System.)
E. Cardinal Marks - A system of marking according to the four cardinal quadrants. (N.E.S.W.) of the compass to indicate which side of the mark lies the deepest water and which is the safe side to pass or a feature in the channel – a unction, or bifurcation, or end of the shoal.
F. General Navigation - Navigable area, route and / or harbor commonly utilized by all kinds of watercraft, vessels or ships.
V. GENERAL PROVISIONS:
A. No person, public body, or instrumentality shall establish any aid to maritime navigation without first obtaining permission from the Commandant, PCG.
B. No person, public body or instrumentality shall operate any aids to navigation without first registering the same with the PCG. All private aids to navigation shall be continuously operated without prejudice to liabilities that may be charged to the owner as a result of its malfunction.
C. Private ports and harbors shall conform with public standards in the establishment and operation of navigational aids.
D. All ports under the jurisdiction of local government units, the Philippine Ports Authority and other port authorities shall conform to public standards set by the PCG.
E. Coast Guard authorization for the establishment and maintenance of a private aid to navigation does not authorize any invasion of private rights, nor grant exclusive privilege, nor authorize the levying of charges by private individuals or entities nor does it obviate the necessity of complying with any national or local laws or regulations.
F. Operation of electronic aids to navigation as private aids will not be authorized except for shore-based radar stations.
G. No person shall obstruct or interfere with any aid to navigation established and maintained by the Coast Guard or any private aid to navigation established and maintained in accordance with Coast guard regulations.
H. No persons shall take possession of or make use for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise or in manner whatsoever that will impair the usefulness of any aid to navigation established and maintained by the Philippine Coast Guard or any private aid to navigation established and maintained in accordance with Coast Guard regulations.
VI. PROCEDURE FOR THE ESTABLISHMENT:
A. Applications to establish private aids to navigation shall be made in three (3) copies to the Commandant, PCG thru the Commander of Coast Guard District with the following information:
1. The necessity/importance for the aid.
2. The proposed position of the aids to navigation by two or more horizontal angles or bearings and distances from chartered landmarks.
3. A section of the chart or sketch showing the proposed location of the aid to navigation shall be included.
4. For lights: the color, characteristics, height above water, luminous and nominal range, description of illuminating apparatus.
5. For buoys or day beacon: shape, size, color, number or letter, depth of water in which located and height above water.
6. Material specifications and drawings of the structure upon which the light shall be installed.
B. The PCG shall review, evaluate, assess and approve said application if found to be in compliance with relevant regulations.
C. The PCG approval shall be the basis for the proponent to commence the construction, erection or establishment of the aids to navigation.
D. The PCG shall, during the construction conduct inspections to ensure adherence to the approved plan.
E. The completion of the construction/establishment shall be reported officially to the PCG and in writing as soon as possible.
F. Upon completion, the PCG shall establish the exact position of every aid to navigation installed for immediate and subsequent issuance of Notice to Mariners.
G. The PCG shall likewise report the new aids to navigation to NAMRIA for publication/inclusion in all charts.
VII. REGISTRATION
A. The report of completion as maintained in Para IV-E above shall cause the PCG to register the private aids to navigation sequentially in order of date of completion and included in the PCG inventory upon payment of the following fees:
1. Application Fee - P1,000.00
2. Registration Fee
a) Unlighted Buoy - 3,000.00
b) Lighted Buoy - 5,000.00
c) Beacon - 7,500.00
B. A certificate of aids to navigation (ATON) registration shall be issued thereafter.
VIII. OPERATION OF PRIVATE AIDS TO NAVIGATION:
A. All private aids to navigation shall be operated continuously at all times, specification/characteristics as approved by the PCG.
B. All private aids to navigation shall at all times conform to the characteristics as approved by the PCG.
C. All private aids to navigation shall be operated at the expense of its registered owner.
D. Any temporary change or alteration shall be immediately reported to the PCG.
E. Any stoppage in operation shall likewise be reported to the PCG as soon as possible.
IX. MAINTENANCE
A. All private aids to navigation shall be maintained to ensure continuous operation at all times.
B. PCG shall conduct inspections periodically to ensure continuous operation of all aids to navigation.
X. PERIODIC INSPECTION:
A. The PCG shall conduct yearly inspection of all private aids to navigation to ensure compliance with the standards of operation and level of upkeep and maintenance.
B. A yearly ATON inspection certificate shall be issued to all aids to navigation upon payment of corresponding fee.
C. The PCG may conduct random inspection as the need arises as result of reported malfunction due to nay cause such as vandalism, poor maintenance, etc.
XI. PENALTY CLAUSE:
A. The registered owner shall pay a fine of P50,000.00 for violation of Para VIII-A of this Memo-Circular.
B. The registered owner shall pay a fine of P30,000.00 for violation of Para VIII-B of this Memo-Circular.
C. The registered owner shall pay a fine of P25,000.00 for violation of Para VIII-D of the Memo-Circular.
D. The registered owner shall pay a fine of P10,000.00 for failure to report non-operating aids to navigation in violation of Para VIII-E.
E. The registered owner shall pay a fine of P1,000.00 thereafter for each succeeding day of continued violation of Para VIII-A and VIII-B of this Memo-Circular.
F. The registered owner shall pay a fine of 20,000.00 for violation of Para V-A of this Memo-Circular.
G. The registered owner shall pay a fine of P30,000.00 fir violation of Para VIII-B of this Memo-Circular.
H. The registered owner shall pay a fine of P50,000.00 for violation of
Para V-G of this Memo-Circular
I. The registered owner shall pay a fine of P100,000.00 for violation of Para V-H of this Memo-Circular.
XII. RECESSION CLAUSE:
All memorandum circular inconsistent with this Memorandum Circular are hereby rescinded.
XIII. EFFECTIVITY:
This Memorandum-Circular shall take effect fifteen (15) days after its publication once in a newspaper of general circulation.
ARTHUR N GOSINGAN
VADM PCG
- Details
- Parent Category: MEMO
PASIG RIVER SAFETY, SECURITY, AND THE GOVERNANCE OF ITS ECOSYSTEM
I. AUTHORITY
A. Republic Act No. 5173 , as amended: Philippine Coast Guard Law
B. Presidential Decree No. 600 Marine Pollution Decree of 1974
C. Presidential Decree No. 602: National Oil Pollution Operations Center Decree
D. Presidential Decree No. 979: Marine Pollution Decree of 1976
II REFERENCES
A. AInternational Convention for Safety of Life at Sea (SOLAS), 1974, as amended
B. Convention on International Regulations for the Prevention of Collision at Sea (COLREGS), 1972
C. International Convention for the Prevention of Pollution from ships (MARPOL), 1973, as amended
D. Philippine Merchant Marine Rules and Regulations (PMMRR), 1997
E. Presidential Security Group (PSG) Standard Operating Procedure (SOP) No. 03 dated March 1990: Guidelines for Vessels Transiting the Restricted Portion of Pasig River
F. Republic Act No. 9295: Domestic Shipping Act of 2005
III. POLICY
The Philippine Coast Guard (PCG) shall continue to spearhead the promotion of safety, security of transportation, and protection through governance of the marine ecosystem of the Pasig River and its tributaries in order to sustain a viable, efficient, and dependable transportation system as an effective instrument for national development.
IV. OBJECTIVES
A. To allow a smooth and continuous flow of traffic of passengers and cargoes along the Pasig River and its tributaries.
B. To promote the safety and security of ships, watercraft, passengers, and cargoes in transit or otherwise berthed along the river.
C. To promote, through effective governance, the protection of the river’s ecosystem in order to sustain its recovery and development.
D. To strengthen cooperation between the government and private sectors for the promotion of a viable, efficient, and dependable transportation system.
V. SCOPE
This Memorandum-Circular shall apply to all ships/vessel, barges, ferry boats, fish carriers, and other means of conveyance used for transporting people and goods along the Pasig River and its tributaries.
VI. DEFINITION OF TERMS
A. Pasig River – is the main body of inland navigable river that stretches approximately 27 kilometers from where it drains Laguna de Bay and Metro Manila to its mouth in Manila Bay. For the purpose of this Memorandum-Circular, any reference to Pasig River.
B. Specified Areas - are specifically designated areas along the Pasig River where certain speed restriction apply.
C. Restricted Area - is the area from Ayala Bridge up 5to Pandacan Bridge, otherwise known as the restricted area of Malacanang Complex where strict security procedures/measures are applied.
D. Ship/Vessel - includes every description of watercraft and other conveyances used or capable of being used as a means of transportation inland waterways.
E. Self-Propelled Barges - are manned vessel utilized solely for the carriage of cargoes and propelled by their own propulsion systems for navigation purposes.
F. Ferry Boats – are passenger vessels designed and operated only inside bays, harbors, and rivers.
G. Tugboats - are vessels designed primarily for towing operations.
H.Tankers - are vessels designed primarily for the carriage of petroleum, chemical, or other liquid cargoes.
I. Tawid-Ilog Utility Craft - a vessel of indigenous design duly registered and utilized to ferry people and cargoes to and from opposite banks of the Pasig River.
J. Burdened Vessel - a vessel, which is required by the Rules of the Road to give way to another vessel during a crossing situation.
K. Privileged Vessel – a vessel, which is required by the Rules of the Road to maintain its speed and course during a crossing situation.
L. Master or Patron - Any person who has qualified himself /herself through appropriate education and experience to command a ship, vessel, or watercraft. The education and experience must be supported by an equivalent license and/or certification issued by the appropriate government regulatory agency.
M. Ship-owner - a natural or judicial person who owns, operates, and manages a ship, vessel, or watercraft engaged in the business of transporting passengers or cargoes.
VII. SPECIFIC GUIDELINES
A. SAFETY
1. Vessel Safety Requirements
a. All ships/vessels must be duly registered and licensed by the appropriate regulatory authority to ply their trade along Pasig River. Anent thereto, they shall comply with the PMMRR and other applicable rules and regulations pertaining to the carriage onboard of the appropriate number of lifesaving appliances and firefighting equipment
b. All ships/vessels must be manned in accordance with the minimum safe manning level required by the PMMRR relative to size and type.
c. All ships /vessels operating along Pasig River, except the tawid-ilog utility craft, shall carry onboard a marine VHF radio capable of working on channels 16 (dedicated distress monitoring and calling channel) and 82A (working channel) in order to be able to communicate with each other and make known the courses of action they may need to undertake to promote safe navigation.
d. All ships/vessels shall comply with applicable rules and regulations on the carriage onboard of navigational aids, ie, running lights, day and night signaling devices, charts, etc.
2. Traffic Management
a. All vessels transiting the Pasig River shall not exceed the maximum speed of twelve (12) knots and will observe caution during meeting, overtaking situations and when passing through areas where other vessels are docked. If necessary, they shall slow down to a safe speed under these circumstances to avoid damage to property caused by wave action or vessel wash.
b. Notwithstanding paragraph a, all ships/vessels shall observe speed regulations as indicated in the following specified areas along the river.
Specified Area Nr.
Boundary Description
Specific Location
Speed
1
From about 500 mtrs from mouth of San Juan
River Branch going upriver
To vicinity Sta. Ana
Pasig River Ferry Station
And vice versa
LAT 14deg 35min 23sec N LONG 121 deg
00 min 32sec E
LAT 14deg 35min 04sec N
LONG 121deg 00min 37 sec E
5knots
2 From about 200 Mtrs before and After Lambingan Bridge (both ways)
LAT 14deg 35min 8sec N LONG 121 deg 01min 00sec E
LAT 14deg 35min 3sec N LONG 121 DEG
01min 8. 5sec E
5knots
3
From about 500 Mtrs after Lambingan Bridge
(upriver)
To 500 mtrs prior Valenzuela Ferry Station
And vice versa
LAT 14deg 35min 02 sec N LONG 121deg 01min 00sec E
LAT 14deg 34min
50sec N
LONG 121 DEG
01min 03sec E
5knots
4
From about 500mtrs Before and after Pandacan Bridge (both ways)
LAT 14deg 35min 52 sec N LONG 121deg
00min 24sec E
LAT 14deg 35min 14sec N LONG 121 DEG
00min 53sec E
5knots
c. The Pasig River portion immediately after passing Pandacan Bridge (going upriver) or at LAT 14deg 35min 54sec N, LONG 121deg 00min 46sec E, to a point near where the Pasig River branches to the San Juan River or at LAT 14deg 35min 32sec N, long 121deg 00min 50sec E, is a one –way traffic area (only one ship/vessel may pass at any one time going either direction); thus, in meeting situations, vessels going downriver (bound for Manila Bay) are considered privileged vessels and must transit the one-way area first. Vessels going upriver (bound for Laguna de Bay) are considered burdened vessels.
d. No tawid-ilog utility craft shall be allowed to move across the river by the use of running lines.
e. Tawid-ilog utility craft and other ships/vessels crossing the river shall give way to ships/vessels going upriver or downriver, which have the right of way at all times.
f. Overtaking is prohibited in approaches to river bends and in passing under bridges.
g. A vessel nearing a river bend where other vessels may be obscured by an intervening obstruction shall sound one prolonged blast. Such signal shal be answered with a prolonged blast by any approaching vessel that may be within hearing around the bend or behind the intervening obstruction.
h. When navigating during nighttime, all tankers loaded with petroleum products shall show a blinking red light on top of the bridge with 360degree visibility at a range of three (3) nautical miles in addition to those prescribe by the Rules of the Road.
i. All ships/vessels traversing the river shall have onboard a search light or a strong 5-7 cell flash light for emergency use such as man overboard or any other rescue operation.
j. Any sighting of new derelicts by all ships/vessels transiting the river, which are hazards to navigation, shall be reported immediately to the PCG by the Master or Patron.
k. Anchoring of ships/vessels is absolutely prohibited anywhere on the Pasig River. In case ships /vessels incur derangements such that they are unable to continue their voyages, the owners/operators of such ships/vessels shall immediately cause the ships/vessels to be towed to the nearest safe berthing area. Towing cost shall be changed to the owner/operator of the vessel towed.
3. Berthing
a. Berthing of ships/vessels in specifically designated areas shall be parallel to the river banks and shall not be more than (2) abreast on a first-served basis.
b. In berthing, the owners, operators, or shipping agents shall ensure that they file their applications to berth their ships/vessel at their desired berths well ahead of time to allow the approving authority enough time to allocate berths at the desired number of two (2) abreast at any time.
c. Areas within the distance of thirty (30) meters before and after the location of the ferry stations shall be for single berthing only.
d. Idle ships /vessels in excess of the allowed two (2) abreast berthing shall be towed to alternate berthing areas. The towing fees incurred shall be charged to the owner /operator of the ships/vessels.
4. Towing
a. Towing vessels shall observe the limitations on length of tow. No towing in any part of the river shall consist of more than two (2) lighters or barges, never abreast, with tow lines not over twelve (12) meters long between the towing boat and the first tow and not over two (2) meters between each tow.
b. When two (2) tugboats in towing operations are in a meeting situations, the tugboat navigating downriver (bound for Manila Bay) is deemed to be the privileged vessel and shall therefore maintain its speed and course. The tugboat navigating upriver (bound for Laguna de Bay) is deemed to be the burdened vessel and shall therefore give way.
c.Tugboats in towing operations shall be deemed privileged vessels in a crossing situation.
5. Search and Rescue
a. While the PCG remains the primary agency with the mandate on the conduct of search and rescue operations, all ships/vessel transiting the Pasig River are deemed vessel of opportunity. Vessels of opportunity are ships/vessels transiting nearest to an accident area, which can be tapped to render immediate assistance while a larger scale of search and rescue operations is being organized by the appropriate authorities.
b. Upon assumption buy the appropriate government authority of the responsibility of the search and rescues operations, vessels of opportunity engaged in the operation shall immediately discharged of their obligation and allowed to resume their normal operations.
c. In case of accidents involving ships/vessels in the Pasig River, navigation in the accident area shall temporarily cease until cleared and declared safe by the PCG and/or other government authority.
B. SECURITY
1. Ship/Vessels Security Requirements
a. All ship/vessels transiting the Pasig River shall have onboard security arrangements designed to protect the ship/vessels, their crew, and the passengers and cargoes from criminal elements who might intend to induce harm of any kind.
b. All ships/vessels, ports and other facilities along the Pasig River may be subjected to random security inspection by the PCG.
2. Security in the Restricted Area
a. All ships/vessels passing along the Restricted Area may be boarded by PSG/PCG personnel for inspection at the ferry station nearest CG Checkpoint Arroceros for all ships/vessels going upriver and at the ferry station nearest CG Detachmants Pureza for all ships/vessels going downriver. In passing through, all ships/vessels mut speed up to shortest transit time to clear the restricted area.
b. All activities within the Restricted Area shall have prior clearance and coordination from the PSG.
c. All ships/vessel transiting the Pasig River are not allowed to stop along the Restricted Area.
d. The use of cameras and binoculars is prohibited while passing the Restricted Area.
e. Curfew hours are enforced within the Restricted Area in instances when the President crosses the river and/or during heightened alert situations where there is a confirmed credible threat to the seat of government. Any ship/vessel, except those as specified in paragraph g of this sub-section, wanting to navigate the river passing through the Restricted Area when it has been declared closed to traffic should seek clearance form PSG.
g. Not with standing paragraph f of this sub-section and in order not to disrupt the flow of passengers, ferry boats may be allowed transit along the restricted area during closure, provided: that PSG/PCG security escort personnel are embarked onboard the ferry boats during passage along the
restricted area. Embarkation and disembarkation points for the PSG/PCG personnel shall be at the ferry stations nearest CG Checkpoint Arroceros (upriver) and CG Detachment Pureza (downriver).
C. MARINE ENVIRONMENTAL PROTECTION
1. Pollution Prevention Requirements
a. Dumping and/or discharge into the Pasig River of any form and in any amount of garbage and oil, oily-water mixtures, noxious liquid, and other harmful substances from machinery spaces, cargo spaces, and cargo pump room bilges of ships/vessels is absolutely prohibited.
b. All ships/vessels transiting the river shall have onboard a Garbage Management Plan duly approved by the PCG.
c. Tankers shall comply with applicable requirements on the carriage of pollution control equipment including the installation of oily-water separators and having onboard equivalent arrangements for the storage of used or waste oil and oily-water substances.
2. Containment and Recovery
a. The Officers and crew of all ships/vessels transiting the Pasig River must be able to undertake initial containment and recovery operations in case of an oil spill from their ships/vessels. For this purpose, they must have onboard various sizes of wooden plugs or equivalent shoring implements to stop leaks from any breach on the hulls into the river.
VIII. RESPONSIBILITY
A. Deputy Chief of Coast Guard Staff for Maritime Safety Services (DCS-MSS)
1. Monitor the Implementation of this Memorandum-Circular and consolidate and forward to CPCG reports related to Maritime Safety and Aids to Navigation (ATON).
2. In coordination with the DANO, undertake frequent evaluation of the status and serviceability of ATON equipment along Pasig River with a view to their upgrade or improvement.
3. In connection with the concerned PCG units and the Pasig River Ferry Service Operations Center, continuously evaluate and update this Memorandum Circular in relation to changes that may occur in the entirely of the activities being undertaken along the Pasig River.
B. Commander, Coast Guard District National Capital Region-Central Luzon
Supervise the strict implementation of this Memorandum-Circular.
C. CG District Aids to Navigation Officer
1. Conduct survey, inspection, and monitoring of aids to navigation (ATON) equipment and related infrastructure along Pasig River
2. Submit to higher headquarters (Attn: DCS-MSS) a weekly report on the status of ATON equipment and related infrastructure along Pasig River.
D. CG Station Commanders
1. Ensure that PCG personnel involved in the implementation of this Memorandum-Circular are well-versed with the procedures contained herein.
2. Ensure the availability of personnel and material assets and resources to respond to emergency situations that may develop along Pasig River.
3. Ensure the proper coordination and information dissemination of this Memorandum-Circular to owners, operators, and agents/representatives of all ships/vessels, ferry boats, tugboats, fish carriers, barges, tawid-ilog utility craft, and other conveyances to which it applies.
E. Commander, Maritime Safety Service Command
Monitor the operation of aids to navigation equipment and related infrastructure along Pasig river and include in its annual program and budget funds for the service, maintenance, and upgrade of such equipment.
F. Ships/Vessel Owners/ Operators
1. Ensure the proper documentation of their ships/vessels transiting the Pasig River.
2. Ensure adequate management support for the maintenance of their ships/vessels in safe, secure, seaworthy, and environment-friendly condition.
3. Ensure that the Officers and crew of their ships/vessels are fully apprised of the contents of this Memorandum-Circular.
G. Master/Patron of ships/Vessels
1. Strictly adhere to the provisions of this Memorandum-Circular and shall be held primarily responsible for non-compliance thereof.
2. Conduct routine safety, security, and marine environment protection drills and exercises.
3. Respond when called upon to requests for assistance for search and rescue operations and other emergency situations.
IX. PENALTY PROVISION
Ship owners, operators, and the Masters or Patrons of their ships/vessels transiting the Pasig River found in violation of the provisions of this Memorandum-Circular shall, after due hearing for adjudication, be assessed the following fines and penalties without prejudice to the sanctions that may be later imposed as a result of a maritime accident.
A. First Offense - Warning and fine of Ten Thousand Pesos (Ph P10,000.00)
B. Second Offense - Fine of Thirty Thousand Pesos (PhP30,000.00)
And recommendation for suspension of license
C. Third Offense - Fine of Fifty Thousand Pesos (PhP50,000.00)
And a recommendation for revocation of license
X. RESCISSION CLAUSE
HPCG Memorandum – Circular No. 04-97 dated 18 August 1997 entitled: “Special Rules and Regulations Prescribing Navigation Along Pasig River” is hereby rescinded.
XI. EFFECTIVITY
This Memorandum – Circular shall take effect fifteen (15) days after its publication in a newspaper of general circulation.
SGD
DAMIAN L CARLOS
ADM PCG
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