MEMORANDUM CIRCULAR

Details: Parent Category: MEMO; Published: 11 December 2013

TANGGAPAN NG KOMANDANTE

(OFFICE OF THE COMMANDANT)

PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS

(Headquarters Philippine Coast Guard)

139 25th Street, Port Area

Manila

05 June 2013

HPCG / CG-8

MEMORANDUM CIRCULAR

NUMBER 02-13

GUIDELINES ON MOVEMENT OF VESSELS DURING HEAVY WEATHER

I. AUTHORITY:

Republic Act 9993 (The Philippine Coast Guard Law of 2009)

II. REFERENCES:

A. Typhoon Doctrine for the Philippine Maritime Sector, 2009

B. PCG Memorandum Circular 02-10 dated 22 January 2010;

C. PCG Approved Memorandum for SOTC re-Special Areas dated 21 Jan 2010 and HPCG MC 02-10 dated 22 Jan 2010;

D. Department of Transportation and Communications Department Order 2012-01 dated 09 Jan 2012 entitled Mandating the Strict Implementation of Precautionary, Safety and Security Measures to Ensure Safe, Fast, Efficient and Reliable Transportation Services, the Immediate Implementation of Quick Response Protocols, and the Immediate Investigation of Transformation-Related Incidents

E. The Philippine Coast Pilot, 6th Edition 1997

III. PURPOSE:

This Memorandum Circular prescribes the policies on movement of vessels during the occurrence of a tropical depression, storm or typhoon in the Philippine area of responsibility to prevent the occurrence of maritime accident and damage to the marine environment.

IV. SCOPE:

This Memorandum Circular shall apply to all vessels operating within the territorial jurisdiction of the Republic of the Philippines except tugboats purposely used in assisting vessels in docking or undocking to or from berthing piers or wharves, government-operated vessels and commercial vessels called upon by the PCG to assist in a specific search and rescue operation.

V. DEFINITION OF TERMS:

For purposes of this Circular, the following words and phrases shall be defined as:

A. Detention – the act of preventing the ships from leaving the port due to violations or conditions presenting danger to the ships or persons on board and/ or harm to the marine environment.

B. MARINA – Maritime Industry Authority.

C. PAGASA – Philippine Atmospheric, Geophysical and Astronomical Services Administration.

D. PCG – Philippine Coast Guard.

E. PPA – Philippine Ports Authority.

F. Philippine Area of Responsibility – designated area in Northwestern Pacific where PAGASA is tasked to monitor tropical cyclone occurrences. It is bounded by the black lines joining the following points: 25˚N - 120˚E, 25˚N - 135˚E, 5˚N - 135˚E, 5˚N -115˚E, 15˚N - 115˚E and 21˚N - 120˚E.

G. 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.

H. Public Storm Warning Signal (PSWS) Nr 2 – raised if winds of 61 kph up to 100 kph (approximately 35 - 54 knots) are expected in the locality in at least 24 hours.

I. Public Storm Warning Signal (PSWS) Nr 3 – raised if winds of 101 kph up to 185 kph (approximately 54-100 knots) are expected in the locality in at least 18 hours.

J. Public Storm Warning Signal (PSWS) Nr 4 – raised if winds of greater than 185 kph (approximately 100 knots and above) are expected in the locality in at least 12 hours.

K. 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.

L. Route – refers to a way or course, taken or planned to be taken, in navigating from a point of origin to point of destination, (navigational route) as differentiated from the word “route” used in MARINA issued franchises that refers to ports of call.

M. Short Distance Voyages – refers to those voyages where the distance from the point of origin to the point of destination shall not exceed four kilometers or 2.16 NM or voyages from the point of origin to the point of destination can be completed within thirty minutes or voyages from the point of origin, route and point of destination, altogether are within the line of sight.

N. Special Areas – refers to areas within bays and rivers or enclosed by natural covers or sheltered zones whose natural topographical characteristic makes its area less vulnerable to adverse effects of the prevailing weather condition. The following are declared as Special Areas:

1. Iloilo Strait:

At Iloilo side south edge of Mansaya River or at coordinates Lat 10˚42.2 min Lat 122˚35.3 min E; West edge of Ortiz Wharf or at coordinates Lat 10˚41.4 min N Long 122˚34.4 min; at Guimaras side at Estapa Point or at coordinates Lat 10˚42.4 min N Long 122˚37min E and at Nagaba Point at coordinates Lat 10˚39.9 min N Long 122˚35 min E.

2. Tanon Strait between Boracay and Caticlan traditionally used as routes between these areas bounded by the following coordinates:

Point 1: Lat 11˚56 min 04 sec N; Long 121˚56 min 01 sec E.

Point 2: Lat 11˚55 min 09 sec N; Long 121˚56 min 09 sec E.

Point 3: Lat 11˚56 min 05 sec N; Long 121˚57 min 05 sec E.

Point 4: Lat 11˚57 min 02 sec N; Long 121˚56 min 08 sec E.

3. Pier 3, Port of Cebu to MuelleOsmena Pier, Lapu-lapu City route bounded by the following coordinates:

Point 1: Lat 10˚18 min 51.43 sec N; Long 123˚56 min 55.52 sec E.

Point 2: Lat 10˚18 min 47.18 sec N; Long 123˚56 min 49.90 sec E.

Point 3: Lat 10˚17 min 48.98 sec N; Long 123˚54 min 37.10 sec E.

Point 4: Lat 10˚17 min 53.14 sec N; Long 123˚54 min 39.57 sec E.

4. Mukas – Ozamis Route

Point 1: Lat 8˚06 min 14.77 sec N; Long 123˚50 min 27.20 sec E.

Point 2: Lat 8˚06 min 27.20 sec N; Long 123˚50 min 32.01 sec E.

Point 3: Lat 8˚08 min 21.00 sec N; Long 123˚50 min 37.46 sec E.

Point 4: Lat 8˚08 min15.98 sec N; Long 123˚50 min 50.98 sec E.

5. Km.11 – Villarica Pier Route along Pakiputan Strait between Davao City and Island Garden City of Samal bounded by the following coordinates:

Point 1: Lat 7˚08 min 04.49 sec N; Long 125˚39 min 48.38 sec E.

Point 2: Lat 7˚08 min 02.65 sec N; Long 125˚41 min 02.71 sec E.

Point 3: Lat 7˚08 min 15.05 sec N; Long 125˚41 min 15.01 sec E.

Point 4: Lat 7˚08 min 17.09 sec N; Long 125˚39 min 61.08 sec E.

6. Sasa Barge Wharf – Maewess Babak Wharf Route bounded by the following coordinates:

Point 1: Lat 7˚07 min 59.69 sec N; Long 125˚39 min 48.83 sec E.

Point 2: Lat 7˚07 min 16.10 sec N; Long 125˚40 min 21.03 sec E.

Point 3: Lat 7˚07 min 29.10 sec N; Long 125˚40 min 34.03 sec E.

Point 4: Lat 7˚07 min 50.69 sec N; Long 125˚39 min 58.83 sec E.

7. All other areas as the Commandant, PCG may declare as Special Areas.

O. Tropical Cyclone – refers to a type of low pressure system which generally forms in the tropics and composed of a large, rotating area of clouds, wind and thunderstorm activity. It begins as tropical depression (TD), further intensifies to a tropical storm (TS), then becomes a typhoon (TY) when its maximum sustained winds reach more than 119 kph.

P. Tropical Depression (TD) – A tropical cyclone with maximum sustained 1-minute mean surface winds of 35 to 64 kph. The storm begins to assume the familiar spiral appearance with increasing cyclonic wind flow around the low-level circulation center.

Q.Tropical Storm (TS) – A tropical cyclone with maximum 1-minute mean sustained surface winds in the range of 65 to 118 kph, inclusive. The developing bands of thunderstorms contribute additional heat and moisture, further intensifying the system.

R. Typhoon (TY) – A tropical cyclone with maximum sustained 1-minute mean surface winds of greater than 119 kph. About this time, the cloud-free eye typically forms in the inner region of the tropical cyclone until one or more of the necessary conditions described earlier is either lost or undergoes a significant change, the system will continue to develop and sustain itself.

S. Vessel – refers to any ship, watercraft or other conveyance used or capable of being used as means of transportation.

T. Mandatory Sheltering – the vessel, while underway after departing with no prohibition under a certain PSWS, is automatically obligated to proceed to the nearest port or sheltering area in the event a PSWS is raised along its routes or destination that already disallows the vessel to continue its regular voyage.

VI. POLICIES:

A. No vessel of any type or tonnage shall be allowed to sail except to take shelter, as the situation may warrant, when Public Strom Warning Signal (PSWS) Number 1 or higher is hoisted within its point of origin, the intended route, and point of destination. All vessels that are already underway shall seek shelter when any PSWS is hoisted in its immediate vicinity, along its route, and point of destination. It is the responsibility the ship owner/ operator and Master or Patron of the vessel on how to seek shelter and ensure the safety of the ship Vessels are allowed to leave port only to take shelter and shall depart without passengers and/or cargo onboard.

B. 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 PSWS Number 1 is hoisted or declared by PAGASA. Vessels and motorboats engaged in “Short Distance Voyages” as defined under paragraph V (M) within “Special Areas” as enumerated under paragraph V (N) 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:

1. Voyage shall only be from sunrise to sunset, the ship must arrived at the point of destination 30 minutes before sunset;

2. Sea condition is calm to gentle breeze with the prevailing wind speed in the area is not more than 30 kph or 16 knots based on PAGASA or other reputable sources;

3. Rain showers in the point of origin, route or destination should be light rains with the rate of fall is from trace to 2.5 mm per hour;

4. There is good visibility. The route and area of destination is seen by the naked eye from the point of origin;

5. Duly licensed passenger vessels or motorboats shall only carry passengers not exceeding 50% of its authorized passenger capacity as per MARINA issued Passenger Ship Safety Certificate (PSSC);

6. For passenger boats with open decks, passengers including children and crew shall wear lifejackets prior to the departure of vessel or motorboat and until disembarkation at the point of destination;

7. Masters and Boats 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;

8. 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; and

9. There shall be a reliable communication link between vessels and motorboats and the designated standby Emergency Boat and the PCG.

VII. PROCEDURES:

A. Every Master or any person in charge of the vessel shall ensure that the latest weather is received and the track of the typhoon is plotted on the weather chart aboard the vessel.

B. When applicable PSWS Nr 1 or higher is hoisted in the port where a vessel is located, the Master or Patron, when based on his judgment, there is a probable danger due to a typhoon or tropical storm, shall prior to the vessel departure, request permission from the Coast Guard Unit having jurisdiction over the area to be allowed to take shelter in a safer place or to avoid the path of the typhoon or tropical storm, attesting therein the decision to leave port is his in consultation with the ship owner/operator/Port Captain. The PCG shall not allow any vessel to seek shelter with passenger and dangerous cargo on board.

C. It is the decision and responsibility of the ship owner/ operator and Master/ Patron of the vessel to ensure the safety of the ship and crew whenever they are allowed to take shelter by the Coast Guard Unit having jurisdiction over the area, in accordance with this Circular.

D. For purpose of taking shelter, the vessel shall depart without passengers. The Master or Patron shall disembark passengers while cargoes already on board the vessel maybe permitted to remain on board except dangerous cargoes provided that maximum precautionary measures shall be observed through proper lashing and stowage as prescribed by MARINA’s cargo securing guidelines.

E. If already underway when applicable PSWS is hoisted in its immediate vicinity, along its route, or point of destination, the Master or Patron shall take no other option except to avoid the path of the typhoon and to take mandatory sheltering and promptly inform the ship owner and the nearest Coast Guard Unit. The ship owner/operator shall ensure that the Master maintains continuous communication and shall immediately report to the Coast Guard Unit the ship’s compliance with this Circular regarding mandatory sheltering where the ship owner/ operator should direct for its immediate compliance.

F. The ship owner and the Master of the vessel shall at all times exercise extraordinary diligence and observe precautionary measures in taking shelter to ensure safety of the ship and that of the passengers and crew on board.

G. Communication between the vessel and the ship owner/operator shall be maintained at all times during the entire voyage, including vessels that are taking shelter. Communication checks between the vessel and the ship owner/operator shall be conducted at an interval of at least every 30 minutes. Any failure of communication with the vessel shall be reported immediately by the ship owner/operator to the nearest Coast Guard Unit through any available means. At no instance will the ship and the ship owner/ operator’s office close their radios or observe radio silence.

VIII. RESPONSIBILITIES:

A. Every Ship Owner/ Operator shall:

1. Ensure that the latest weather advisories, bulletin and warnings are secured from PAGASA, once they are released, when a typhoon enters the Philippine area of responsibility;

2. Ensure that weather advisories, bulletin and warnings are disseminated immediately o their ships. For this purpose, ship owner/ operator shall install weather fax and/ or other weather monitoring equipment and communications on board as prescribed by MARINA and regulations of other relevant Government Agencies;

3. As a Company Safety Policy, disallow Master or Patron from having the vessel depart from port except for sheltering purposes, when typhoon signal wherein his vessel is not allowed to sail is hoisted or expected to be hoisted within the area of origin or along the route or destination of the vessel;

4. Monitor and maintain communication with their vessel from the time it departed the port until its arrival at the port of destination;

5. Order the Master or Patron to seek shelter to the nearest safe port or sheltering area in case the vessel is already en route to its destination when a PSWS is hoisted in its immediate vicinity or along its route or point of destination. The Master or Patron shall maintain continuous communication with the ship owner/operator and notify the PCG of the vessel’s action to take shelter;

6. Order the Master or Patron to inform the nearest PCG unit of its intent to proceed or continue with her voyage to her destination should the PSWS be lifted by PAGASA;

7. Maintain communication with the Master of the vessels at all times. Any failure of communication or any unusual incident, such as their vessel being involved in a maritime incident or is missing or developed engine derangement, shall be reported immediately to the nearest Coast Guard Unit through any available means;

8. Direct Masters 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;

9. Require Masters/Company Operations Officers or owners’ representative involved in the safe operation of their ships to review and study the Typhoon Evasion or Avoidance Doctrine;

10. In coordination with the PPA/Port Manager, extend necessary assistance to the disembarked passengers; and

11. Ensure the company and the ship’s compliance to the provisions ofthis Circular.

B. Every Master/ Patron shall:

1. Monitor and keep track the movement of typhoon once it enters the Philippine area of responsibility and obtain the latest weather bulletin through PAGASA, company offices and other available sources;

2. Plot the prevailing weather condition, weather forecast for the next 72 hours on the weather chart;

3. Inform the nearest PCG unit of his decision to depart to seek shelter as may be necessary and submit voyage plan;

4. Ensure that there are no passengers and dangerous cargo onboard when departing from port to seek shelter. The Master shall coordinate with PPA on the appropriate storage of dangerous cargo unloaded for purposes of seeking shelter;

5. Take no other option except to take shelter and immediately inform the ship owner if a PSWS Nr., where his vessel is not allowed to sail as per this circular, is raised while underway. Ensure that they maintain continuous communication with ship owners/ operators and notify the PCG of said action.

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. Submit hourly reports to the ship owner/operator on the condition of the vessel;

9. At all times, ensure the safety of the ship, its passengers and crew rests with the Master/ Patron at all times, as closely supervised and monitored by the ship owner/operator;

10. Submit a voyage plan before departure; and

11. Ensure strict adherence to the directives of this Circular at all times.

IX. FINES AND PENALTIES:

A. Violation of Part VI, VII and VIII of this Circular shall be a ground for immediate detention.

B. After due notice and hearing, the following penalties shall be imposed upon the ship owner/operator and Master of the vessel of 1000 gross tonnage and below who have been found to have violated Part VI, VII and VIII of this Circular.

First Offense	P50,000 and recommendation to MARINA for three (3) months suspension of Seafarers Identification and Record Book (SIRB) of the Master and Patron and ship’s franchise.
Second Offense	P100,000 and recommendation to MARINA for six (6) months suspension of SIRB and ship’s franchise and recommendation to Professional Regulations Commission (PRC) for six (6) months suspension of Master’s License.
Third Offense	P150,000 and recommendation to MARINA and PRC for the cancellation of SIRB and ship’s franchise and company license to operate and the Master’s License.

C. The following penalties shall be imposed upon ship owner/operator and Master of the vessel of more than 1000 gross tonnage who have been found to have violated Part VI, VII and VIII of this Circular:

First Offense	P200,000 and recommendation to MARINA for three (3) months suspension of Seafarers Identification and Record Book (SIRB) of the Master and Patron and ship’s franchise.
Second Offense	P400,000 and recommendation to MARINA for six (6) months suspension of SIRB and ship’s franchise and recommendation to Professional Regulations Commission (PRC) for six (6) months suspension of Master’s License.
Third Offense	P600,000 and recommendation to MARINA and PRC for the cancellation of SIRB and ship’s franchise and company license to operate and the Master’s License.

D. Twice the amount of the applicable fine shall be imposed upon any vessel that is allowed to sail for the purpose of taking shelter but has intentionally taken passengers or deviated from the intent of taking shelter.

E. The permit and licenses of ship owner and master who are third-time offenders shall be subjected to revocation proceedings.

F. Whenever a sailing ban is in effect, vessels that are prevented from sailing or placed under detention by the PCG shall secure permission from the nearest PCG office for purposes of taking shelter only. The herein prescribed fines shall be imposed for failure to seek the PCG permission.

X. RESCISSION CLAUSE:

This Circular rescinds MC Nr. 01-09 and 02-10.

XI. EFFECTIVITY:

This Circular shall take effect fifteen (15) days after completion of publication in the Official Gazette or in a newspaper of general circulation.

RODOLFO D ISORENA

RADM PCG

Commandant, PCG

Approved by:

JOSEPH AGUINALDO EMILIO ABAYA

Secretary, DOTC

GUIDELINES ON MOVEMENT OF VESSELS DURING HEAVY WEATHER

Details: Parent Category: MEMO; Published: 11 December 2013

TANGGAPAN NG KOMANDANTE

(OFFICE OF THE COMMANDANT)

PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS

(Headquarters Philippine Coast Guard)

139 25th Street, Port Area

Manila

HPCG/CG-8

24 August 2012

MEMORANDUM CIRCULAR

NUMBER……………….05-12

MASTER’S DECLARATION OF SAFE DEPARTURE

I. AUTHORITY:

Republic Act 9993 (Philippine Coast Guard Law of 2009).

II. REFERENCES:

A .DOTC Department Order 2012-01 dated 09 Jan 2012 entitled Mandating the Strict Implementation of Precautionary, Safety and Security Measures to Ensure Safe, Fast, Efficient and Reliable Transportation Services, the Immediate Implementation of Quick Response Protocols, and the Immediate Investigation of Transformation-Related Incidents.

B. Philippine Merchant Marine Rules and Regulation (PMMRR), as amended;

C. SOLAS 74/78, as amended

III. PURPOSE:

To prescribe guidelines in the submission of Master’s Declaration of Safe Departure as a requirement prior to every voyage to ensure that the Master continuously comply to the prescribed safety requirements and to develop awareness and responsibility to abide with safety rules and regulations in conducting day to day operations.

IV. SCOPE:

This Memorandum Circular shall apply to the Master of the Philippine-registered vessels engaged in domestic trade to include Major Patron/Captain of fishing vessels of the three gross tonnage and above.

V. GENERAL PROVISIONS:

A. Based on the Master’s obligation and authority to ensure the seaworthiness of his vessel for its intended voyage, the PCG shall require the Master to submit a Master’s Declaration of Safe Departure (MDSD) as a condition prior departure for the purpose of conducting the required-pre-departure inspection to verify whether the vessel is fit for the conveyance of passengers and/or cargoes;

B. The Master’s Declaration of Safe Departure (MDSD) is a statement of the Master of the vessel executed before the Station Commander or Detachment Commander, submitted prior to departure to attest the vessel’s safe condition, status proper compliance to safety rules and readiness to sail to its intended voyage;

C. The MDSD shall be prepared by the Master of the vessel in accordance with the format prescribed in Annex “A” which he shall submit in original form to the Coast Guard Station/ Detachment at the port of origin or departure;

D. It shall be accompanied with a Voyage Plan to ensure that there will be no unauthorized deviation of its intended route, as well as Crew List, Passenger Main Manifest, Passenger Supplemental Manifest, Coasting Manifest, Dangerous Cargo Manifest and Permit to Carry Dangerous Cargo issued by the appropriate Government agency.

E. The Master’s Declaration of Safe Departure shall contain a declaration of compliance to safety standards, rules and regulations, which includes the following:

1. Completeness and validity of ship safety certificates and documents;

2. Compliance with safe manning requirement and crew certification and qualification document validity;

3. Officers and crew are in healthy and sound condition, not under the influence of alcohol or prohibited drugs and fit for perform duties and responsibilities for the intended voyage;

4. Carriage of cargo and passengers are within authorized limits, and properly documented;

5. Required communications and navigational equipment are complete and in good operating condition;

6. Main and auxiliary engines are in good operating condition;

7. Fire-fighting and life-saving appliances are complete, in good operating condition, available and accessible to passengers;

8. Proper ship stability and trim, cargo stowage, securing and lashings are strictly observed; and

9. Prevailing weather conditions for intended voyage is safe and latest weather bulletin and advisory are available.

10. The crew, passengers and cargoes have undergone the necessary security screening;

F. The Master and shipowner/company management of the vessels shall be held equally responsible for any false declaration in the MDSD or to leaving port without submitting MDSD;

VI. PROCEDURES:

A. The Master of the vessel shall:

1. Cause the preparation of MDSD (HPCG Form C);

2. In the event that the vessel has undergone engine repair, the Master shall submit a sworn statement stating that the repair has been satisfactory done. This sworn statement shall be submitted in original form as one of the attachments of MDSD;

3. Ensure that the information contained therein are accurate, complete and personally verified;

4. Affix his signature on the MDSD and on the sworn statement for satisfactory derangement repair of engine, if applicable;

5. Submit a copy of duly accomplished and subscribed MDSD and its necessary attachments to the Coast Guard Station/Detachment two hours prior to scheduled departure.

6. For vessels with less than two hour sailing time, the submission of MDSD shall be at least one hour before departure. Fishing vessels may submit MDSD thirty minutes before the intended time of departure.

B. The procedures to be followed by Coast Guard Station/Detachment Commanders in receiving and recording MDSD shall be governed by HPCG Standing Operating Procedure (SOP) on Master’s Declaration of Safe Departure.

VII. PENALTY CLAUSE:

The following violations shall be imposed with corresponding penalties:

VIOLATION	PENALTY
Master’s failure to accomplish MDSD	50,000.00
Fraudulent Entry (with evidence that the act is deliberate and with the intent to deceive)	30,000.00
Connivance between shipowner’s/company manager and the Master to leave port without submitting the MDSD	50,000.00

VIII. RESCISSION:

Memorandum Circulars, rescinds previous publications pertaining to Master’s Oath of Safe Departure

IX. EFFECTIVITY:

This Memorandum Circular is effective fifteen (15) days after publication in a newspaper of general circulation and/or in the Official Gazette.

EDMUND C TAN

VADM PCG

Commandant, PCG

Approved by:

MAR ROXAS

Secretary, DOTC

Note: Published in the Philippine Daily Inquirer on 19 September 2012.

Annex:

Master Declaration of Safety Departure (Form “C”)

Details: Parent Category: MEMO; Published: 11 December 2013

TANGGAPAN NG KOMANDANTE

(OFFICE OF THE COMMANDANT)

PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS

(Headquarters Philippine Coast Guard)

139 25th Street, Port Area

Manila

24 August 2012

HPCG / CG-8

MEMORANDUM CIRCULAR

NUMBER………………06-12

VESSEL SAFETY ENFORCEMENT INSPECTIONS

I. AUTHORITY:

A. Republic Act 9993 (Philippine Coast Guard Law of 2009)

II. REFERENCE:

A. DOTC Department Order 2012-01 dated 09 Jan 2012 entitled Mandating the Strict Implementation of Precautionary, Safety and Security Measures to Ensure Safe, Fast, Efficient and Reliable Transportation Services, the Immediate Implementation of Quick Response Protocols, and the Immediate Investigation of Transformation-Related Incidents.

B. Philippine Merchant Marine Rules and Regulation (PMMRR), as amended

C. SOLAS 74/78, as amended

D. MARPOL 73/78, as amended

III. PURPOSE:

This Memorandum Circular prescribes policies for an effective safety inspection of all Philippine-registered vessels engaged in domestic trade calling at any ports in the country to verify their continuing compliance to certain aspect of seaworthiness in accordance with applicable safety standards, rules and regulations and to safe, fast, efficient and reliable conveyance of passengers and cargoes.

IV. SCOPE:

This Memorandum Circular applies to all Philippine-registered vessels engaged in domestic trade to include fishing vessels of 3 gross tonnage and above calling at domestic ports except for ships not propelled by mechanical means wooden ships of primitive build, ships of war and troopships, Government vessels and pleasure yachts not engaged in trade.

V. DEFINITION OF TERMS:

For the purpose of this Circular, the following words and phrases shall be defined as:

Clear Grounds – evidence that the ship, its equipment, or its crew does not correspond substantially with the requirements of the relevant maritime laws or that the master or crew members are not familiar with essential shipboard procedures relating to the safety of the ships or the prevention of marine pollution;

Deficiency – a condition found not to be in compliance with the requirements of the relevant maritime regulations;

Detention – intervention action taken by the boarding team/authority when the condition of the ship or its crew does not correspond substantially with the applicable laws to ensure that the ship will not sail until it can proceed to sea without presenting any danger to the ship or person on board, or without presenting any threat of harm to the marine environment;

Inspection Checklist – a list of documents, equipment, machinery, life-saving appliances and maritime safety devises that should be examined and evaluated by Vessel Safety Enforcement Inspectors while conducting vessel safety inspection.

More Detailed Inspection – an inspection conducted when there are clear grounds to believe that the condition of the ship, its equipment, or its crew does not correspond substantially with the particulars of the certificates.

Philippine-Registered Vessel – All vessels registered in the Philippines.

Seaworthy – ability of the vessel to withstand ordinary stress of wind, waves and other weather disturbances which the vessel might normally be expected to encounter and that the vessels is manned by competent officers and crew.

Stoppage of an Operation – formal prohibition against a ship to continue an operation due to the identified deficiency(ies) which, singly or together, render the continuation of such operation hazardous;

Sub-standard Ship – a ship whose hull, machinery, equipment or operational safety is substantially below standards required by relevant maritime laws or regulations or whose qualification of crew does not satisfy the standard manning requirements;

Valid Certificate – a certificate that has been issued by a cognizant government agency or on its behalf by a Recognized Organization which attests to the substantial compliance of ship, its equipment or crew with the required standards.

Vessel Safety Enforcement Inspection Deficiency Codes – a list of conditions of the vessel, its equipment, and crew that are not in compliance with the requirements of relevant maritime regulations and their corresponding codes that will be used to designate the specific deficiencies appearing in the checklist and EIAR.

Vessel Safety Enforcement Inspectors(VSEI) – duly trained, qualified and authorized PCG personnel task to evaluate and examine the validity of documents of the vessel and crews as well as the over-all condition of the vessel’s hull, machinery

VI. GENERAL PROVISIONS:

A. The inspections under this Circular shall include but not limited to the following:

1.Plans for the safe construction repair, modification or alteration of vessels;

2.Compliance to standards of materials, equipment and appliances of vessels;

3.Appropriate classification or categorization of vessels;

4.Safe manning level of vessels;

5.Compliance to loadline and stability requirements;

6.Safety management and operational systems;

7.Security plans and measures implemented by vessels;

8.Observance of proper hull and machinery conditions and maintenance;

9.Compliance to proper admeasurements of vessels, watercraft and similar conveyances.

B. The Vessel Safety Enforcement Inspections shall be undertaken on the basis of:

1.the initiate of the PCG

2.the request of or on the basis of information regarding a ship provided by a Government agency;

3.information regarding a ship provided by a member of a crew, a professional body, an association, a trade union or any individual with an interest in the safety of the ship, its crew and passengers, or in the protection of the marine environment.

C. The inspection shall also be conducted if after the vessel has been subjected to PDI and while underway, supervising events happen that would endanger continuous navigation. In which case the vessel shall be directed to immediately proceed to the nearest possible port of refuge for purposes of conducting more detained inspection.

D. The PCG may suspend, hold, stop or prevent the departure of vessel to ensure compliance with the applicable safety standards, rules and regulations and to prevent it from further presenting danger to the vessel or persons on board or other vessels navigating along its route, or harm to the marine environment.

VII. POLICIES:

A. The Vessel Safety Enforcement Inspection shall be carried out in order to assess whether the ship and/or crew, throughout its forthcoming voyage, will be able to:

1.exercise extraordinary diligence in ensuring the safe, fast, efficient and reliable conveyance of passengers;

2.navigate safely;

3.maintain adequate stability and trim condition;

4.safely handle, carry, secure and monitor the condition of the cargo;

5.maintain all propulsion and proper steering;

6.operate the ship’s machineries safely;

7.fight fires and prevent flooding effectively in any part of the ship, if necessary;

8.prevent pollution of the environment;

9.maintain adequate watertight integrity;

10.communicate in distress situations if necessary;

11.provide adequate life saving devices corresponding to its maximum authorized passenger and crew capacity;

12.provide safe and healthy conditions on board;

13.complete officer and adequate crew complement corresponding to the proper observance of appropriate periods of work and rest from work;

14.weather condition does not merit the suspension of the voyage;

15.required operational and emergency readiness standards of crew is met;

16.documentations and certificates are complete and valid;

17.sufficient training of the crew based on actual “Operational Readiness Evaluation” and

18.other analogous circumstances.

B. The inspection shall be guided by the Vessel Safety Enforcement Inspection Checklist applicable to each type of vessel (Form F);

C. The Master or in his absence, the senior deck officer on board, should be notified on the purpose of the visit. He shall provide the Inspection Team information as to the last vessel safety inspection that took place;

D. In the event the inspection is undertaken within the last three (3) months and the corresponding report was found to be satisfactory, no further action should be taken. In case the report shows some deficiencies, the inspection should focus on the remedial actions taken by the Master on the deficiencies noted on the previous inspection. No further action shall be taken if the previous deficiencies are found to have already been rectified. In case the previous deficiencies remain uncorrected, the VSEI shall take note of the deficiencies and required the Master to rectify the same. The corresponding penalty shall be imposed for failure to correct the previously noted deficiency;

E. In the event the ships have not undergone inspection within the prescribed three-month period, the inspection shall proceed to verify all the required certificates/documents and in the conduct of inspection as warranted. If the inspection is satisfactory, the Vessel Safety Enforcement Inspection Checklist (Form F) shall be filled up. Upon completion of the inspection, the Master or senior officer on board shall be furnished with copy of the report.

F. In case the ship is not carrying valid certificates, or if the Inspectors have clear ground to believe, from general impressions or observations on board, 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;

G. The Master shall correct the deficiency within a specified time. The Operational restriction or detention of the ship shall be imposed in the interim until the deficiencies are corrected. If minor deficiencies are found but are deemed not to endanger the ship, the passengers/crew on board and the marine environment, the vessel may be allowed to proceed to the next port of call. The vessel shall address the deficiency at the next port. Non rectification of the noted deficiency shall be a ground for holding of departure;

H. In determining whether the deficiencies are serious as to necessitate suspension, stoppage of operation or detention, the ships and/or officers and crew shall be assessed based on the ability to perform or comply, throughout intend voyage, with the following:

1. the ship has valid documentation;

2. the ship has satisfied the minimum Safe Manning Document or the crew requirement per its Certificate of Inspection

3. length and nature of the intended voyage or service;

4. whether or not the deficiency poses a danger to the ship, person on board or the environment;

5. whether or not the appropriate periods of the crew can be observed;

6. size and type of ship and equipment provided, and

7. nature of cargo

I. A combination of deficiencies of a less serous nature shall also warrant the detention of the ship.

J. If a vessel is to be detained due to major deficiencies, the VSEI shall notify the MARINA and Philippine Port Authority of the detention of the vessel.

K. After the VSEI team has completed the inspection, the Master shall accomplish the Certificate of Orderly Inspection (Form B). This will be followed by the proper and courteous departure of the team.

L. The Enforcement Inspections Apprehension Reports EIAR (Form A) on ship with deficiencies/violation should be submitted to CPCG (Attention: DCS for Maritime Safety Services, CG-8), copy furnished the nearest MARINA office for the appropriate action. Same reports are also to be submitted by the VSEI Team to the District/Station and Detachment Commanders concerned.

M. Re-inspection of vessel detained by concerned VSEI, Districts/Stations and Detachments 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 VSEI inspection. No re-inspection fee shall be collected.

N. The Master shall maintain an Inspection Record Book which shall serve as a permanent record of all deficiencies discovered in the course of every inspection.

O. A record book which the master intends to utilize as the vessel’s Inspection Record Book shall be submitted to the PCG for accreditation. All entries in the registered record book shall be in chronological order and no page therein shall be removed, deleted or erased. Any correction in the entry therein shall be countersigned by the person making the correction.

P. No accreditation of Inspection Record Book shall be made unless the accreditation fee of Php 500 is fully paid. Such accreditation shall be valid for two years.

VIII. PENALTY CLAUSE:

A penalty of detention and a fine of P100,000.00 shall be imposed upon the Master or ship company for failure to correct major deficiencies that have been noted during previous inspections.

The same penalty shall be imposed for refusal to have the vessel re-inspected despite continuous findings of the existence of clear ground for inspection.

IX. SEPARABILIYT CLAUSE:

Any section or provision of this Memorandum Circular held or declared unconstitutional or invalid by a competent court, shall not affect the other sections or provisions hereof and shall continue to be enforced as if the sections or provisions so annulled or voided had never been incorporation herein.

X. RESCISSION CLAUSE:

This Memorandum Circular rescinds HPCG/CG8 MC 01-98 on Flag State Control Inspection.

XI. EFFECTIVITY:

This Memorandum Circular shall take effect fifteen (15) days after completion of publication in the Official Gazette or in a news paper or general circulation.

Approved by:

EDMUND C TAN

VADM PCG

Commandant, PCG

MAR ROXAS

Secretary, DOTC

Annexes:

1. Form A (Enforcement Inspection Apprehension Report)

2. Form B (Certificate of Orderly Inspection)

15. Vessel Safety Enforcement Inspections Checklist

16. Vessel Safety Enforcement Inspections Deficiency Codes

17. Annex 5 (Passenger Feedback Form)

18. Annex 1 (Sample Form for Notification Ship's Deficiency)

19. Annex 2 (Sample Form for Notification Ship's Detention)

20. Notice of Administrative case

21. Annex 3 (Notification of release)

Details: Parent Category: MEMO; Published: 11 December 2013

TANGGAPAN NG KOMANDANTE

(OFFICE OF THE COMMANDANT)

PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS

(Headquarters Philippine Coast Guard)

139 25th Street, Port Area

Manila

HPCG / CG-8 24 August 2012

MEMORANDUM CIRCULAR

NUMBER...............07-12

PRE-DEPARTURE INSPECTION

I. AUTHORITY:

Republic Act 9993 (Philippine Coast Guard Law of 2009)

II. REFERENCES:

A. DOTC Department Order 2012-01 dated 09 Jan 2012 entitled Mandating the Strict Implementation of Precautionary, Safety and Security Measures to Ensure Safe, Fast, Efficient and Reliable Transportation Services, the Immediate Implementation of Quick Response Protocols, and the Immediate Investigation of Transformation-Related Incidents.

B. Philippine Merchant Marine Rules and Regulations (PMMRR), as amended

C. SOLAS 74/78, as amended

D. MARPOL 73/78, as amended

III. PURPOSE:

This Memorandum Circular prescribes the policies and procedures for the conduct of pre-departure inspection of all merchant vessels calling at domestic ports to promote their continuing compliance with safety standards prescribed by the existing policies, rules and regulations, marine pollution prevention, standards on manning and competency of seafarers.

IV. SCOPE:

This Memorandum Circular applies to all Philippine-registered vessels engaged in domestic trade to include fishing vessels of 3 gross tonnage and above calling at domestic ports except for ships not propelled by mechanical means, wooden ships of primitive build, ships of war and troopships, Government vessels and pleasure yachts not engaged in trade.

V. DEFINITION OF TERMS:

For purpose of this Circular, the following words and phrases shall be defined as:

Clear Grounds – evidence that the vessel, its equipment, or its crew does not correspond substantially with the requirements of relevant maritime laws or that the master or crew members are not familiar with the essential shipboard procedures relating to safety of the vessel or the prevention of marine pollution;

Deficiency – a condition found not to be in compliance with the requirements of relevant maritime regulations;

Domestic Trade – any operation of vessel within Philippine waters.

Enforcement Inspection Apprehension Report (EIAR) – a document issued by the vessel safety enforcement inspection of the PCG to the Master of a vessel after he has been apprised of prima facie findings of violation of maritime safety laws, rules and regulations;

Fishing Vessel – a vessel used for catching fish or other resources of the sea;

More Detailed Inspection – an inspection conducted when there are clear grounds to believe that the condition of the vessel, its equipment, or its crews do not correspond substantially with the particulars of the certificates;

Philippine-Registered Vessel – All vessels registered in the Philippines.

Pre-Departure Inspection – an inspection conducted prior to depart of a vessel;

Pre- Departure Inspection Checklist – a list of documents, equipments, machinery, life saving appliances and maritime safety devices which shall be examined and evaluated by the VSEI while conducting MPDI.

Seaworthy – ability to withstand ordinary stress of wind, waves and other weather disturbances which the vessel might normally be expected to encounter and that it is manned by competent officers and crew;.

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

Sub-standard Ship – a ship whose hull, machinery, equipment or operational safety is substantially below standards required by relevant maritime laws or regulations or whose crew is not in conformance with standard manning requirements.

Valid Certificate – a statutory certificate that has been issued by a cognizant government agency or on its behalf by a Recognized Organization which attest to

the substantial compliance of ship, its equipment or crew with the required standards.

Vessel Safety Enforcement Inspection Deficiency Codes - a list of coded deficiencies that will be used as a guide of the inspectors in conducting vessel safety inspection to have a uniform and systematic report.

Vessel Safety Enforcement Inspectors (VSEI) – duly authorized, qualified and trained PCG personnel tasked to evaluate and examine the validity of documents of the vessel and crews as well as the over-all condition of the vessel’s hull, machinery and equipment. They will compose the Boarding, VSEI, Emergency Readiness Evaluation and Operational Readiness Evaluation Teams.

VI. GENERAL PROVISIONS:

A. Pre-departure inspection shall be conducted to verify whether the vessel engaged in domestic trade is fit for the conveyance of passengers and cargoes, is manned by qualified, competent and duly licensed crew and that it is equipped with the required communications equipment, lifesaving appliances and firefighting equipment. Pre-departure inspection shall include the video recording of point of inspections based from the Pre-departure Inspection checklist.

B. The PCG shall board the vessel to conduct inspection and verification of the entries declared by the Master in the Master’s Declaration of Safe Departure (MDSD) before it leaves the point to proceed to the next voyage.

C. The Pre-departure inspection does not relieve the Master and shipowner of their duty to ensure that the vessel is seaworthy.The satisfactory assessment after the required inspectionprior departure does not serve to mitigate liabilities of the Master and shipowner in case of casualty.

VII. POLICIES:

A. No vessel shall be cleared to depart for voyage unless it has been subjected to pre-departure inspection and has received a satisfactory assessment or has rectified detainable deficiencies.

B. The submission of the Master’s Declaration of Safe Departure (MDSD) to the PCG unit concerned signifies that the vessel and its crew are prepared to undergo pre-departure inspection, which shall forthwith be conducted. Whenever practicable, the pre-departure inspection shall be accomplished within such length of time as not to cause unnecessary deviation from the vessel’s appointed time of departure; but at all time, the due inspection of all the items in the checklist shall take precedence over the vessel’s adherence to its schedule of departure;

C. For vessel with multiple calls on a port on the same day, it shall be sufficient to conduct one complete round of pre-departure inspection for that day, without prejudice to the conduct of random inspection at any time of the day, except for the following items in the checklist which shall be inspected on a per trip basis:

1. passenger manifest

2. excess passengers

3. loadline/stability

4. cargo lashings to include segregation of dangerous cargo

5. malfunctioning equipment/machinery

6. crew manifest

D. Pre-departure inspection of vessels shall be carried out only by qualified VSEI’s detailed to the PCG District, Station or Detachment having jurisdiction over the vessel’s port of call.

E. The inspection is a checklist-based procedure. The inspection is directed to items contained in the checklists duly approved for the purpose. The checklists are vessel-specific taking into account the structural and operational peculiarities of the type of vessel under inspection.

F. The items to be inspection shall include the poster and other printed materials on safety procedures with emergency contact numbers, hotlines and name of responsible personnel of the company and concerned government agencies which should be displayed on noticeable spaces of the vessel and clearly communicated to the passengers and the general public. The copies of important ship’s certificates (as listed in Form D of PDI Checklist) indicating the dates of expiration and last inspection shall also be prominently displayed in the vessel; .

G. In case the VSEI finds deficiency on Board, the Master of the vessel shall be issued with EAIR (Form A) indicating the specific deficiencies recorded during the inspection. The deficiencies noted shall be corrected before proceeding to the next voyage. However, minor deficiencies may be corrected in the next port of call. Major deficiencies found shall warrant holding of departure of the vessel and shall be corrected within the period of ten days from discovery/recording thereof;

H. The EIAR shall constitute a notice of an administrative case against the master or shipowner in whose name it is issued. A master or shipowner seeking to contest the citation shall adduce controverting evidence for and in his behalf before the Investigation and Adjudication Officer having jurisdiction over the case within ten (10) days from the issuance of the EIAR.

I. Upon completion of the inspection and no violation was recorded, the Master shall be required to accomplish a Certificate of Orderly Inspection (Form B) by the team.

J. The Master shall maintain an Inspection Record Book which shall serve as a permanent record of all deficiencies discovered in the course of every inspection.

K. A record book which the master intends to utilize as the vessel’s Inspection Record Book shall be submitted to the PCG for accreditation. All entries in the registered record book shall be in chronological order and no page therein shall be removed, deleted or erased. Any correction in the entry therein shall be countersigned by the person making the correction;

L. No accreditation of Inspection Record Book shall be made unless the accreditation fee of Php 500 is fully paid. Such accreditation shall be valid for two years.

M. If supervising events happen while underway that would endanger continuous navigation, the vessels shall be ordered to immediately proceed to the nearest port of refuge where it shall be subjected to further inspection following applicable PCG rules and regulations.

X. FINES AND PENALTIES:

A. The ship’s Master and shipowner/company management are equally liable for the following acts and shall bear the corresponding penalties to be imposed after due notice and investigation:

1. Willfully and deliberately issuing tickets for a particular voyage in excess of the authorized passenger capacity of the vessel:

First Offense	Ten Thousand Pesos (P10, 000.00) plus warning;
Second Offense	Twenty Five Thousand Pesos (P25, 000.00) and recommendation for the suspension of Certificate of Public Convenience/ Provisional Authority/ Special Permit;
Third Offense	Fifty Thousand Pesos (P50, 000.00) and recommendation for the cancellation of Certificate of Public Convenience/ Provisional Authority/ Special Permit.

2. Carrying passengers in excess of the authorized passenger capacity:

First Offense	Five Hundred Pesos (P500.00) per excess passenger plus warning;
Second Offense	One Thousand Pesos (P1, 000.00) per excess passenger and recommendation for the suspension of Certificate of Public Convenience/Provisional Authority/Special Permit;
Third Offense	Three Thousand Pesos (P3, 000.00) per excess passenger and recommendation for the cancellation of Certificate of Public Convenience/ Provisional Authority/ Special Permit.

3. Failure to enter the name of passengers in the manifest:

First Offense	Five Hundred Pesos (P500.00) per passenger plus warning;
Second Offense	Two Thousand Pesos (P2, 000.00) per passenger and recommendation for the suspension of Certificate of Public Convenience/ Provisional Authority/ Special Permit;
Third Offense	Five Thousand Pesos (P5, 000.00) per passenger and recommendation for the cancellation of Certificate of Public Convenience/ Provisional Authority/ Special Permit.

4. Carrying ship’s certificates and documents which are spurious and/or not original or certificate true copy:

First Offense	Five Thousand Pesos (P5, 000.00) per document plus warning;
Second Offense	Ten Thousand Pesos (P10, 000.00) per document and recommendation for the suspension of Certificate of Public Convenience/ Provisional Authority/ Special Permit;
Third Offense	Thirty Thousand Pesos (P30, 000.00) per document and recommendation for cancellation of Certificate of Public Convenience/ Provisional Authority/ Special Permit.

5. Carrying a spurious copy of the Certificate of Public Convenience/ Provisional Authority/ Special Permit shall be a ground for the ship’s detention.

6. Leaving port without PCG clearance or leaving port with an outstanding detention order:

First Offense	Ten Thousand Pesos (P10, 000.00) plus warning;
Second Offense	Twenty Thousand Pesos (P20, 000.00) and recommendation for the suspension of the master’s SIRB to MARINA and license issued by PRC;
Third Offense	Thirty Thousand Pesos (P30, 000.00) and recommendation for the cancellation of the master’s SIRB to MARINA and license issued by the PRC.

7. The fine and penalty to be imposed to Ship Master for failure to submit MDSD or submitting MDSD with erroneous entry shall be governed by Memorandum Circular on MDSD.

8. Failure to present a duly accredited Inspection Record Book, making erroneous entry therein, or tearing off of its pages.

First Offense	Five Thousand Pesos (P5,000.00) plus warning;
Second Offense	Ten Thousand Pesos (P10,000.00) and recommendation for the suspension of the master’s SIRB to MARINA and license issued by PRC;
Third Offense	Thirty Thousand Pesos (P30,000.00) and recommendation for the cancellation of the master’s SIRB to MARINA and license issued by the PRC.