MC02 13
MC02 13
MC02 13
MEMORANDUM CIRCULAR
NUMBER........................02-13
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GUIDELINES ON MOVEMENT OF VESSELS DURING HEAVY WEATHER
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I. AUTHORITY:
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Republic Act 9993 (The Philippine Coast Guard Law of 2009)
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II. REFERENCES:
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A. Typhoon Doctrine for the Philippine Maritime Sector, 2009
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B. PCG Memorandum Circular 02-10 dated 22 January 2010;
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C. PCG Approved Memorandum for SOTC re-Special Areas dated 21 Jan
2010 and HPCG MC 02-10 dated 22 Jan 2010;
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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
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E. The Philippine Coast Pilot, 6th Edition 1997
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III. PURPOSE:
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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.
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IV. SCOPE:
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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.
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V. DEFINITION OF TERMS:
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For purposes of this Circular, the following words and phrases shall be
defined as:
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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.
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B. MARINA – Maritime Industry Authority.
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C. PAGASA – Philippine Atmospheric, Geophysical and Astronomical
Services Administration.
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D. PCG – Philippine Coast Guard.
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E. PPA – Philippine Ports Authority.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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At Iloilo side south edge of Mansaya River or at coordinates Lat
10˚42.2min Lat 122˚35.3min E; West edge of Ortiz Wharf or at
coordinates Lat 10˚41.4 min N Long 122˚34.4min; at Guimaras side
at Estapa Point or at coordinates Lat 10˚42.4min N Long 122˚37min
E and at Nagaba Point at coordinates Lat 10˚39.9min N Long
122˚35min E.
3. Voyage shall only be from sunrise to sunset, the ship must arrived
at the point of destination 30 minutes before sunset;
11. Ensure strict adherence to the directives of this Circular at all times.
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IX. FINES AND PENALTIES:
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A. Violation of Part VI, VII and VIIIof 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.
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F i r s t P50,000 and recommendation to MARINA for three (3) months suspension of
Offense Seafarers Identification and Record Book (SIRB) of the Master and Patron and
ship’s franchise.
S e c o n d P100,000 and recommendation to MARINA for six (6) months suspension of
Offense SIRB and ship’s franchise and recommendation to Professional Regulations
Commission (PRC) for six (6) month suspension of Master’s License.
T h i r d P150,000 and recommendation to MARINA and PRC for the cancellation of
Offense SIRB and ship’s franchise and company license to operate and the Master’s
License.
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C. The following penalties shall be imposed upon ship owner/operator and
Master of the vessel of more than 1000 gross tonnagewho have been
found to have violated Part VI, VIIand VIIIof this Circular:
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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.
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E. The permit and licenses of ship owner and master who are third-time
offenders shall be subjected to revocation proceedings.
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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.
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X. RESCISSION CLAUSE:
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This Circular rescinds MC Nr. 01-09 and 02-10.
XI. EFFECTIVITY:
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This Circular shall take effect fifteen (15) days after completion of
publication in the Official Gazette or in a newspaper of general circulation.
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Note: Published in the Philippine Daily Inquirer on June 14-15 2013