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WATER TRANSPORTATION

Prepared by:
Katrina Nicolas

Christopher Gringo S. Vasquez

Kimberly Shayne A. Arriola

Donna Queen C. Arriola

Daimler John C. Casten

Maria Luz B. Lite

Ralph Lorenz N. Deiparine

MIkhail Isiah Dela Cruz

Submitted to

ATTY. CHARLTON JULES ROMERO

Table of Contents

I. Introduction - 4

II. Major Regulating Bodies - 5

A) Maritime Industry Authority (MARINA) - 5

B) Philippine Coast Guard (PCG) - 6

C) Philippine Merchant Marine Academy (PMMA) - 8

D) Philippine Ports Authority (PPA) - 9

E) Cebu Port Authority (CPA) - 9

III. Maritime Law - 9

A) Maritime Law, definition - 9

B) Rules on Liability - 10

C) Admiralty Jurisdiction - 11

IV. Water Transportation as Common Carriers - 11

V. Vessels/Ships - 13

A) Nationality of Vessels - 13

B) Registration - 13

C) Registration Requirements - 14

D) Safety and Protection of Passengers - 16

E) Minimum Safe Manning - 16

F) Passenger Vessels/Ships - 16

G) Fast Ferries or High Speed Crafts - 17

H) Cargo Ships - 19

I) Cruise Ships - 22

J) Roll-On Roll-Off or RORO - 23

K) Fishing Vessels - 26

L) Motorized Banca - 31

Vi. River Ferries - 32

VII. Vessel for Recreation and Tourism - 36

A) White Water Rafting - 36

B) Water Sports Vehicles - 39

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C) Speed Boats - 42

D) Submersible Passenger Craft (SPCraft) - 44

E) Amphibious Vehicle - 45

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I. INTRODUCTION

Approximately 71 percent of the Earth's surface is water-covered. Thus,
throughout history sailing has been instrumental in the development of civilization,
affording humanity greater mobility than travel over land, whether for trade,
transport or warfare, and the capacity for fishing. Water transport, including rowed
and sailed vessels, dates back to time immemorial, and was the only efficient way to
transport large quantities or over large distances prior to the Industrial Revolution.

Transport by water is significantly less costly than air transport for
transcontinental shipping; short sea shipping and ferries remain viable in coastal
areas. Water transport is commonly used by the maritime industry, which includes
several sub-categories. Freight and cargo transportation, passenger boats such as
charters and ferries, and commercial fishing are all categories within the maritime
industry, and rely on watercraft for water transportation. Some are used for
recreational purposes, such as jet-skis.

In the Philippines, water transport is a key sector in the economy, linking
population and economic centers across the islands. Water transport plays an
important role due to the archipelagic nature of the country, but road transport is by
far the dominant sub-sector accounting for 98% of passenger traffic and 58% of
cargo traffic. While the transport infrastructure has been developed and spread
across the country, the level of service has not been sufficient due to the lack of
sustainable financing.1

Inter-island water transport is a very important sub-sector of the national
transport system. There are about 1,300 ports, of which about 1,000 are
government-owned and the rest are privately owned and managed. Of the
government-owned ports, about 140 fall under the jurisdiction of the Philippine
Ports Authority (PPA) and the Cebu Ports Authority; the remainder are the
responsibility of other government agencies or local government units.
International cargo and container track has grown steadily in recent years,
supported by significant investments in the port of Batangas by the PPA and in the
port of Subic by the Subic Bay Metropolitan Authority.
Despite the physical barriers that can hamper overall transport development
in the country, the Philippines has found ways to create and integrate an extensive
transportation system that connects the over 7,000 islands that surround the
archipelago, and it has shown that through the Filipinos' ingenuity and creativity,
they have created several transport forms that are unique to the country.

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promotion and regulation of all enterprises engaged in the business of designing. MARITIME INDUSTRY AUTHORITY (MARINA) The Philippines' Maritime Industry Authority (MARINA) is an agency of the Philippine government under the Department of Transportation responsible for integrating the development. Issue certificate of public convenience. 1974 with the issuance of Presidential Decree No. maintain its vessels in safe and serviceable condition. there is a need for governing bodies. 3. adequate. supplying. operating. Require all domestic ship operators to comply with operational and safety standards for vessels set by applicable conventions and regulations. and furnish safe. or any extensions or amendments thereto. II. meet the standards of safety of life at sea and safe manning requirements. or when the public interest so requires. and/or maintaining vessels. Philippine Merchant Marine Academy (PMMA). 5 . 8. manufacturing. 2. island or region in the country where such services are necessary for the development of the area. upon notice and hearing. authorizing the operation of all kinds. By virtue of Republic Act No. Set safety standards for vessels in accordance with applicable conventions and regulations. It was created on June 1. promotion and regulation of the maritime industry in the Philippines. acquiring. Register vessels. Philippine Coast Guard (PCG). 4. MARINA has jurisdiction over the development. marine railways. classes and types of vessels in domestic shipping: Provided. 5. 6. Require any domestic ship operator to provide shipping services to any coastal area. marine repair ships. 7. Philippine Ports authority (PPA). Inspect all vessels to ensure and enforce compliance with safety standards and other regulations. reliable and proper service at all times. promotion and regulation of the maritime industry in the country. or component parts thereof. In the Philippines the major governing bodies include the Maritime Industry Authority (MARINA). 9295. repairing. constructing. MARINA is mandated to: 1. zones or areas of operations of domestic ship operators. of managing and/or operating shipping lines. dry-docks. 1011 which abolished the Board of Transportation and transferred the quasi-judicial functions pertaining to water transportation to the MARINA. license or accreditation it may have issued to any domestic ship operator. shipping and freight forwarding agencies and similar enterprises. And Cebu Port Authority (CPA). any certificate. to meet emergency sealift requirements. Establish and prescribe routes. Modify. suspend or revoke at any time. The regulatory function of the MARINA was increased with issuance of EO No. A. that no such certificate shall be valid for a period or more than twenty-five (25) years. 474 to integrate the development. shipyards. MAJOR REGULATING BODIES With the growing industry for water transport.

With enactment of Republic Act 9993. with twelve Coast Guard Districts. or any group of shippers regarding any matter involving violations of the provisions of this Act. if necessary. Adopt such rules and regulations which will ensure the reasonable stability of passengers and freight rates and. and protecting marine environment and resources. to intervene in order to protect public interest. the PCG has the following powers and functions: 2Republic Act 9993. B. safeguarding life and property at sea. reliable. of RA 9993. 12. Investigate any complaint made in writing against any domestic ship operator. 17. 14. Ensure that all domestic ship operators shall have the financial capacity to provide and sustain safe. suspend or revoke certificates of public convenience or other license issued. 15. Adopt and enforce such rules and regulations which will ensure compliance by every domestic ship operator with required safety standards and other rules and regulations on vessel safety. 11. or any shipper. from Basco. including the revocation of licenses of. also known as the Coast Guard Law of 2009. fifty-four CG Stations and over one hundred ninety Coast Guard Sub-Stations. Batanes to Bongao. 9. Determine the impact which any new service shall have to the locality it will serve. Pursuant to Sec 3. The PCG used to be with the Armed Forces of the Philippines under the Philippine Navy before it was transferred to the Department of Transportation and Communication or the DOTC. impose such fines. shipper or group of shippers found violating the provisions of this Act. 13. Upon notice and hearing. or otherwise penalize any ship operator. Hear and adjudicate any complaint made in writing involving any violation of this law or the rules and regulations of the Authority. efficient and economic passenger or cargo service. Determine the impact which any new service shall have to the locality it will serve. the PCG has been vested with the necessary authority and responsibility to perform preventive measures in ensuring the safety of merchant vessels. also known as the Coast Guard Law of 2009 6 . Impose such fines and penalties on. It currently maintains a presence throughout the archipelago. or who shall violate or fail to comply with safety regulations. PHILIPPINE COAST GUARD (PCG) The Philippine Coast Guard (PCG) is an armed and uniformed service tasked primarily with enforcing laws within Philippine waters. or both. as well as its implementing rules and regulations. 10. any domestic ship operator who shall fail to maintain its vessels in safe and serviceable condition. and 16. conducting maritime security operations. It is considered as the third armed and uniformed service of the country primarily tasked with enforcing all applicable laws within the Philippine waters It is an agency attached to the Department of Transportation of the Philippines2. Tawi-Tawi.

maritime communications and search and rescue facilities within the maritime jurisdiction of the Philippines. vessel traffic system. (l) To assist in the enforcement of laws on fisheries. transnational crimes and other applicable laws within the maritime jurisdiction of the Philippines. rules and regulations from sailing or leaving port. immigration. to issue and enforce rules and regulation for the promotion of safety and life and property at sea on all maritime-related activities. (i) To render aid to persons and vessels in distress and conduct search rescue in marine accidents within the maritime jurisdiction of the Philippines. at or close to sea lanes which may cause hazards to the marine environment. develop. (a) To enforce regulations in accordance with all relevant maritime international conventions. treaties or instruments and national laws for the promotion of safety of life property at sea within the maritime jurisdiction of the Philippines and conduct port state control implementation. containment and recovery capabilities against ship-based pollution. (b) To inspections on all merchant ships and vessels. forestry. 7 . (j) To investigate the inquire into the causes of all maritime accidents involving death. (m) To board and inspect all types of merchant ships and watercrafts in the performance of this functions. including illegal fish and vessels. including the high seas. including but shall not be limited to inspections prior to departure. dangerous drugs and controlled chemicals. establish. In the performance of this function. casualties and damage to properties. stop or prevent a ship or vessel which does not comply with safety standards. firearms and explosives. (g) To remove. the PCG may enlist the services of other government agencies and the merchant marine fleet. (e) Subject to the approval of the Secretary of the DOTC. (c) To detain. (f) To coordinate. (h) To issue permits for the salvage of vessels and to supervise all marine salvage operations. (d) To conduct emergency readiness evaluation on merchant marine vessels. sunken or floating hazards to navigation. tariff and customs. as well as prescribe and enforce rules and regulations governing the same. to ensure and enforce compliance with safety standards. maintain and operate aids to navigation. destroy or low to port. in accordance with applicable international conventions. (o) To develop oil spill response. (n) To enforce laws and promulgated and administer rules and regulations for the protection of marine environment and resources from offshore sources or pollution within the maritime jurisdiction of the Philippines. human trafficking. rules and regulations.

R.D. in the province of Zambales. Originally known as Escuela Nautica de Manila. It is responsible for financing. train and supervise the PCG Auxiliary (PCGA) for the purpose of assisting the PCG in carrying out its mandated functions. shipping management and others. within the capabilities and consistent with its mandate. Operated by the Filipino government under the supervision of the Commission on Higher Education (CHED). the PMMA was created by virtue of a Royal Decree issued on January 1. requests for assistance of other government agencies in the performance of their functions. It was later renamed to Philippine Nautical School (PNS) In 1963. It was created under P. 5 3R. 1820 through the recommendation of the Spanish Consulate of Commerce. conferring the degree of Bachelor of Science in Marine Transportation (BSMT) Major in Navigation and Seamanship or Major in Steam Engineering and Electricity. shipping office personnel.A. 1974. No. 505 in July 11. The secondary purpose is to produce young men well trained in other fields of the merchant marine service. except the port of Cebu. (q) To organize. They have the option to start a career in the maritime industry or sign up for active military duty either in the Philippine Navy or the Philippine Coast Guard. 3680 4Section 2. management and operations of public port throughout the Philippines. (p) To grant. the academy is located in San Narciso. which is under the Cebu Ports Authority. PHILIPPINE MERCHANT MARINE ACADEMY (PMMA) The Philippine Merchant Marine Academy (PMMA) is the Premiere Merchant Marine academy in the Philippines. like marine surveyors. in 1987 8 .D. Students are called midshipmen but are often also referred to as cadets.A. Republic Act 3680 converted the PNS into the Philippine Merchant Marine Academy (PMMA). Its charter was subsequently revised under P. 857 issued on Dec. 1975. PHILIPPINE PORTS AUTHORITY (PPA) The Philippine Ports Authority is a government-owned corporation under the Department of Transportation and Communications as an attached agency. and (r) To perform such other functions that may be necessary in the attainment of the objectives of this Act. port supervisors. 3680 5Executive Order No. 23.4 D.3 The main purpose of the Philippine Merchant Marine Academy is to produce efficient and well trained merchant marine officers who can favorably compare with marine officers of progressive maritime countries sufficient to carry the expanding international trade in times of peace and capable of serving as a naval and military auxiliary in times of war and national emergency. Upon graduation students are commissioned as Ensigns (2nd Lieutenants) in the Philippine Navy Reserve. 159. C.

to ships. improve and develop. The Cebu Port Commission (CPC) is the governing body of the Cebu Port Authority.D. The Philippine Ports Authority was created to coordinate. operate facilities or services as are necessary in the ports. III. or otherwise) within the Port Districts and the approaches thereof. 1992 to specifically administer all ports located in Cebu Province. MARTIME LAW Maritime Law is the system of laws which particularly relates to the affairs and business of the sea. effectively separating these ports from the Philippine Ports Authority (PPA) system. the largest domestic port in the Philippines. sorting. moving. slipping. measuring. CPA began operations and officially took over all Cebu ports on January 1. applications for the declaration of specific areas as Port District and to formulate a comprehensive and practicable Port Development plan for the State and to program its implementation. CEBU PORT AUTHORITY (CPA) The Cebu Port Authority (CPA) was created through the enactment of Republic Act No. towing. by contract. Pursuant to such functions. 7621 signed on June 26. Philippines. P. 6Section 5. It is the port that serves the Metro Cebu Area.7 The PPA is also tasked to supervise. weighing. maintain. MARITIME LAW A. regulate. streamline. or otherwise handling goods. except the port of Cebu. control. coordinate and otherwise govern the activities of all the ports within the Port of Cebu. It is responsible for financing. mooring. their crews and navigation and to marine conveyance of persons and property. operate. 857 8Francisco. or docking any vessel. maintain. storing. 857 7Section 5.8 The terms Maritime Law and AAdmiralty Law are sometimes used synonymously. including but not limited to berthing. development. administer. financing and operation of ports or port system for the entire country E.D. mostly serving routes in the Visayas and Mindanao. P. It encompasses all activities in the Ports including pilotage and the conduct of pilots. The Port of Cebu is a seaport located in Cebu City. management and operations of public port throughout the Philippines. construct. warehousing. The Authority may also provide services (whether on its own. 9 . which is under the Cebu Ports Authority. 1996. Among the various functions6 of the PPA is to submit to the President. any construction of any structures with the Port District shall be licensed by the PPA. It is tasked to manage. through the National Economic and Development Authority (NEDA). loading or discharging any vessel. as quoted from Essentials of Transportation and Public Utilities Law by Aquino and Hernando. thus. including private ports in the country. improve and optimize the planning. The Law on Transportaion.

The primary law on Maritime Commerce is the New Civil Code on common carriers. the Philippines adopts generally accepted principles of international law as part of the law of the land. No Liability 10 The Shipowner’s or agent’s liability is co-extensive with his interest in the vessel. which was acceded to by the Philippines in 1982 B. P. its equipment. 643 and 837 (collision cases). such that the total loss thereof results in the extinction of the liability. 9 Consistently. The rule developed by reason of the conditions and risks attending maritime trade in its earliest years when such trade was replete with innumerable and unknown hazards since vessels had to go through largely unchartered waters. 65. 1521 known as the “Ship Mortgage Decree of 1978”. otherwise known as “Carriage of Goods by Sea Act”. 3. maritime treaties and conventions are also deemed part of Maritime Law. the International Maritime Organization. the Philippines adopted the United Nations Convention on the Law of the Sea (UNCLOS). It was designed to encourage entities to venture into maritime trade despite the risks and prohibitive cost of shipbuilding. 2. both the International Conventions for the Safety of Life at Sea (SOLAS 1974) and the Tonnage Convention 1969. example. the recently added R. Exceptions to the Limited Liability Rule12 9Section 2. Under the Constitution. acts of the captain and collisions. The Code of Commerce and special laws apply suppletorily. 12Abueg vs. 2.D. vs General Accident . Aquino in 2015. San Diego 10 . The total destruction of the vessel extinguishes maritime liens because there is no longer any res to which it can attach. 1987 Constitution 10Articles 587(liability on third persons). For. 10668 or An Act Allowing Foreign Vessels To Transport And Co-Load Foreign Cargoes For Domestic Transshipment And For Other Purposes signed by Pres.A. Fire. Article II. Limited Liability Rule: No Vessel. 2616 otherwise known as the “Salvage Law”. 11Only the shipowner can invoke the rule and not the charterer. Commonwealth Act No. No. The rule on limited liability applies to liabilities to third persons. RULES ON LIABILITY 1. Act No. freight and insurance. and Life Assusance Corporation Ltd. The liability of the owner and agent were confined to the vessel itself. 1. and adhered to by the authorities. Code of Commerce 11Aboitiz Shipping Corp. This system of laws includes Book III of the Code of Commerce entitled “Maritime Commerce”.

as long as by land.A. 129 (as amended by R. or air. In workmen’s compensation claims The carrier or shipowner has the burden of showing that it exercised extraordinary diligence in the transport of the goods. Where the injury or death of the passenger is due either to the fault . water transport systems may be a classified as common carrier depending on the use to which they are devoted. Where the vessel is insured. WATER TRANSPORTATION AS COMMON CARRIERS Article 1732 of the Civil Code defines common carriers as persons. and that the unseaworthiness of its vessel was not due to its fault or negligence. but whether the undertaking ia a part of the activity engaged in by the carrier that he has held out to the general public as his business or 13 First Philippine Industrial Corporation vs Court of Appeals 300 SCRA 661. firms or associations engaged in the business of carrying or transporting passengers or goods or both. IV. offering their services to the public. the carrier is liable for damages to the full extent and not up to the value of the vessel: a. ADMIRALTY JURISDICTION Section 19 (3) of B. water or air and does not provide that the transportation should be by motor vehicle 13. c. the jurisdiction of maritime cases with the Municipal Trial Court. otherwise known as the “Judiciary Act of 1980” which took effect on August 14. by land. or the number and character of the conveyances used in the activity. December 29. 1981 provides that the Regional Trial Court (RTC) has jurisdiction: (3) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds Three hundred thousand pesos (P300. 7691). 000) or. C. In the following. for compensation. Where the shipowner fails to overcome the presumption of negligence. corporations. water.P. 000). or concurring negligence of the shipowner and the captain. All other cases where the amount of the demand or claim is less than the jusrisdictional amount in the RTC. in Metro Manila where such demand or claim exceeds Four hundred thousand pesos (P400. b. 1998 11 . the doctrine of limited liability cannot be applied. The true test for a common carrier is not the quantity or extent of the business actually transacted. In as much as The Civil Code makes no distinction as to the means of transporting.

and to lower the cost of shipping export cargoes from Philippine ports to international ports and import cargoes from international ports for the benefit of the consumers. 14 Sps Perena vs Sps Nicolas. 1988 19AN ACT ALLOWING FOREIGN VESSELS TO TRANSPORT AND CO-LOAD FOREIGN CARGOES FOR DOMESTIC TRANSSHIPMENT AND FOR OTHER PURPOSES. A person need not be engaged in the business of a public transportation for the provisions of the Civil Code on common carriers to apply to them. 2014 12 . July 28. the vessel. Aug. 22. A person or entity is a common carrier and has the obligations of a common carrier under the Civil Code even if he did not secure a Certificate of Public Convenience. CA 16 SCRA 612.R. No. 150403. 1996 17Cebu Salvage Corporation v Philippine Home Assurance Corp.14 The concept of common carriers contemplated under Article 1732 of the Civil Code and the fact that the said concept corresponds to the concept of Public Service under the Public Service Act. G. as advertised and held out to the general public.16 c. occupation. G. No. where one vessel is hired to bring another vessel to another place. maintains no terminals and issues no tickets. 29 August 2012 15 Asia Lighterage and Shipping Inc. if towing becomes the main business. Dec. results in the application of the following rules of principles: a. This Act shall apply exclusively to foreign vessels carrying foreign container vans or foreign cargoes. However. July 26. vs Court of Appeals. then it may be classified as common carrier. vs CA 259 SCRA 426. not part of the general business or occupation engaged in. by towing another is not considered a common carrier in maritime law. not common carrier. 2003 16 Fabre J. 19. A person or entity may be a common carrier even if he has no fixed and publicly known route. 147246. the individual or entity rendering such service is a private. In towage. G. The carrier can also be a common carrier even if the operator does not own the vehicle or vessel that he or she operates. 617-618. 2007 18De Guzman v. If the undertaking is a single transaction. They are also not offering a public service and thus shall fall outside the coverage of RA 9295 or the Domestic Shipping Development Act of 2004.18 Foreign vessels engaging in carriage conducted in accordance with Section 7 of RA 1066819 shall not be considered common carriers under the Civil Code. 157917.R. RA 10668 aims to assist importers and exporters in enhancing their competitiveness in light of intensifying international trade.15 b. No. January 25.R.17 d.

Ships owned by Philippine nationals to be used in international waters shall likewise be registered. The registration is only a matter of convenience. The Philippines is not a “Flag of Convenience” country. shall be registered with the MARINA. Ships or vessels may be given different classifications depending on their uses.2. 2013-02 dated January 18. For example. 20 There must be a genuine likn between the State and the ship in order to confer nationality over the ship. 3. e) nuclear ship. There are instances when countries may allow registration of vessels belonging to nationals of other countries. MARINA Memorandum Circular No. and other waterborne contrivance of less than three gross tons capacity and not motorized. Registration. V. whether with or without power. The following ships shall not be covered by the Registration Rules: 20Sections 91-94 of Part VII of UNCLOS 13 . including fishing vessels covered under P. SOLAS 1974 provides for the following classification of ships: a) passenger ships. designed. Nationality of Vessels. bulk carrier. not being a transient of foreign registry. motorized or non- motorized. equipment and manning of vessels are subject to the rules of the MARINA and Coast Guard and pertinent conventions like SOLAS 1974. tanker. Vessels that are duly registered in the Philippines are considered Philippine Flag vessels. 474 as any barge.D. b) cargo ship. These ships are deemed to possess Philippine Nationality within the contemplation of the UNCLOS.D. d) fishing vessel. The Domestic Shipping Development Act of 2004 provides that ship or vessel may be used interchangeably. 3. but only a matter of preference based on the degree of interest and popularity. hence the term Flags of Convenience. 43. fishing boats or other artificial contrivance utilizing any source of motive power. lighter. passenger ship freighter. sailboat.1. Documentation and Deletion of Ships Operating in the Philippine Waters. The rules apply to all types of ships operating in the Philippine Waters regardless of size. utilization. Note that the classification presented by our group is not in accordance with any law. used or capable of being used as a means of transportation operating as a common contract carrier. VESSELS/SHIPS A vessel/ship or watercraft is defined under P. except: (a) those owned by the Armed Forces of the Philippines and foreign governments for military purposes and (b) bancas. and other criteria. c) tanker. 2013 provides for the Revised Rules for Registration. including ships below three gross tonnage. size. The construction. container ship. Every ship used in Philippine waters.

14 .  Copy of Certification relative to the inspection 'of the ship by a MARINA surveyor upon arrival at any Philippine port prior to Customs release. Ships of the Philippine Coastguard c. master or agent shall file with the Administration at the port of registry of such ship and present the documents required of him by the MARINA for acquisition of the ship to be registered (including imported Pleasure Yacht for personal use). b) No guaranty of the monetary authority or of any Philippine government or private financial institution is granted or extended for the purpose. the owner/charterer or agent shall apply with the Administration for the' issuance of Certificate of Philippine Registry together with the submission of the following requirements:  Copy of MARINA letter/approval to acquire ship (if applicable). a. Warships and naval ships b. the company shall file a request for inspection of the ship with the Administration. After the ship's release from the custody of the Bureau of Customs. the owner.  Deletion of Certificate (if applicable). 3. that: a) The funds utilized in the acquisition of the vessel are financed from sources other than the Philippine banking system. mortgaged.  Protocol of Delivery and Acceptance. subject to the guidelines prescribed in the regulations: Provided. Inflatable Boats used for rescue made of either a single or more rubber tubing.  Proof of payment of customs. Registration Requirements. c) The vessel serves as sole collateral for the financing of the vessel and no other asset of the Philippine shipping enterprise is pledge. For Overseas: To secure registration of a ship. For Domestic: Upon arrival of the ship in the Philippines. duties and taxes. All ships of foreign registry temporarily used in the Philippine waters d. or used as security in case of default. According to Section 5 of RA 7471. Philippine shipping enterprises may likewise acquire oceangoing vessels for Philippine overseas shipping upon approval by the MARINA. prior to release from the custody of the Bureau of Customs.

or. submarines. For ships engaged in international trade. after due process. 15 . j) when the Administration. The official number shall consist of 10 (ten) characters. or. . or. This original homeport shall be referred to as the Port of Registry Ships registered under the Philippine Flag may be deleted from the Register of Philippine Ships under any of the following circumstances: d) exportation of ship due to sale to foreign entity.  Original copy of duly notarized Builder's Certificate for newly constructed ship. or. h) non-operational for a period of five (5) years for WHS. registration shall be effected in Manila or any port as may be designated by the Administration. where the first two (2) characters refer to the Central Office or MRO (MARINA Regional Office) where the ship is registered and the last seven (7) characters refers to the ascending number for ships registered. The registration of a ship for coastwise trade shall be effected at the original homeport or at the nearest office of the Administration. PWC. and  Duly notarized Affidavit of Ownership and/or Affidavit of Corporate Owners The Administration shall grant a Certificate of Philippine Registry (CPR) as evidence of registration. Every registered ship shall be assigned an official number. f) ship breaking/ scrapping/ decommissioning of ship. orders the deletion from the Philippine Registry of any ship found to have violated the government rules and regulation. g) total loss as stipulated in a Marine Protest/Report. e) expiration of CPR of bareboat chartered ship. if the homeport has no registrar.  Copy of Certificate of Tonnage Measurement approved by MARINA.  Copy of plans approval issued by MARINA. amphibians and similar type of ships under the class of miscellaneous ships i) when the Administration revokes approval of the charter/lease contract for a cause and after due process. provided that such ships which are not entered in the Philippine register of ships shall be required to secure a ship identity certificate (Certificate of Number). or.

43 provides that all vessel owners/operators are to make sure that all their vessels are being operated in compliance with the 1997 Philippine Merchant Marine Rules and Regulations.A. covered by a contract of carriage. It shall include the crew. The MARINA Memoradum Circular No. non-paying. unticketed. paying. minor. 5. b) Certificate of Endorsement as attestation of authenticity and validity of the certificates. necessary for the management. on board. protect and preserve the marine environment and ecology. to which the Philippines is signatory. A.A. In R. manifested. Minimum Safe Manning Article 648 0f the Code of Commerce provides that the complement of a vessel shall be understood as all persons on board. Safety and Protection of Passengers21 On February 23. officers. The Law declares that it is the policy of the State to promote and insure the safety and of life and property at sea. Rules and Regulations. including those accompanying cargoes. from the captain to the cabin boy. manoeuvres and service. It shall include those who are ticketed. 8544 23Philippine Merchants Rules and Regulations (PMMRR)1997 16 . PASSENGER VESSELS/SHIPS A passenger ship is any ship authorized by the MARINA to carry passengers. 10635. Certification and Watchkeeping for Seafarers 1978. engineers. holding discounted or complimentary tckets and/or accommodated passengers. It is not enough that the officers manning the vessel have all the qualifications imposed by law. 154 to strictly comply with existing Safety-Related Policies. unmanifested. stokers and other employees on board. 4. It belongs to Class A of the Classes of Ships and may either be engaged on an international (Category 1) or a coastwise (Category 2) voyage 23.” 22R. or disembarking from a ship. as amended. But it shall not include passengers or the persons whom the vessel is transporting. radio operators. It is also required that there is a sufficient number of officers and crew that are serving in the vessel. According to 21Any person while embarking on. and prevent marine pollution and accident at sea by complying with the Standards of Training. and c) Certificate of Proficiency issued to a seafarer stating that relevant requirements of training competencies or seagoing service under the STCW Convention have been met. the Maritime Industry Authority directed all domestic shipowners and operators under Memorandum Circular No. 2000. the sailing mates. The MARINA issues a) Certificate of Competency to masters. Guidelines. vehicle or animals. they are referred to as “seafarer”. 22 The practice of marine profession is governed by special laws and pertinent rules issued by the MARINA and the Board of Marine Deck Officers and Board of Marine Engineers Act of 1998. Monitoring of compliances shall be undertaken by the Authority and its Maritime Regional Offices together with the Philippine Coastguard.

Different types of passenger ships include the traditional ocean liners (which are engaged in long distance maritime routes). arrived using oceanic vessels called balangays. One of these treaties is the The International Convention for the Safety of Life at Sea (SOLAS). firms and entities engaged in the operation of high speed craft in the domestic marine transportation. the Spanish introduced the sailboats. However. 24 International Maritime Organization website. Development in the transportation sector prominently flourished during the Spanish colonization period. B. http://chriscunard. equipment. Policy Guidelines in the Regulation of High Speed Crafts (HSCs) (MARINA MC No.the International Maritime Organization. Chris. http://www. a high speed craft or a fast ferry is a ship capable of maximum speed. 26 Fast ferries are usually distinguished as a type of passenger ships that are meant for day-to-day or for overnight short sea trips.3 meters per second. These vessels have been used as means for transporting people from one place to another. Passenger ships were first introduced in the islands of the Philippines around 2500 BC when the Proto-Malays. passenger ships are usually defined as ships carrying more than 12 passengers 24. For water transport. a Mongol-Asiatic race. The Philippines is a signatory of this treaty which seeks to ensure that ships flagged by the Convention comply with minimum safety standards in construction. Ocean Liner versus Cruise Ship.com/transatlantic_liner.org/en/OurWork/Safety/Regulations/Pages/PassengerShips.imo.php 26Philippine Merchants Rules and Regulations (PMMRR)1997 17 . involving the carriage of passengers and cargoes between various ports and places in the Philippines are regulated by the MARINA Memorandum Circular abovementioned.. generally regarded as the most important of all international treaties concerning the safety of merchant ships.aspx 25 Cunard. In the present period. FAST FERRIES or HIGH SPEED CRAFTS According to the Philippine Merchants Rules and Regulations 1997. ferries (which are engaged in comparatively shorter distance maritime routes compared to ocean liners). cascos and praut for inter-island transfer. and cruise ships (ships wherein the experience of the voyage itself and not the transportation is the prime purpose)25. It belongs to Class G of the Classes of Ships and may either be engaged on an international or a coastwise voyage. in 69. water transport remains to be one of the mosti important means of moving people and goods within and outside the country. corporations. they may include different types of ships that transport both passengers and freight. for compensation. and operation of merchant ships. bancas. 121) All persons. Passenger ships and all types thereof are regulated globally through international maritime treaties primarily for the purpose of ensuring passenger safety. with the former being of a more substantial number than the latter. The definition of passenger ships excludes those ships classified to be cargo ships. commercial or public use.

all acquired HSCs must be classed by a recognized International Association of Classification Societies (IACS). Additionally. maximum age of 7 ◦ For the year 2001. provided. and life-cycle maintenance of ships27. The purpose of classification is to promote the safety of life. minimum service standards. Letter of intent/application 2. maximum age of 6.uk/ 18 . Valid Certificate of Vessel’s Registry 5. no conflict in sailing schedules with other affected HSC operators in the applied route/link shall result therefrom. and. the following requirements apply: 1. 2. shall apply. Annual//Special Survey 8. property and the environment primarily through the establishment and verification of compliance with technical and engineering standards for the design. respectively. and ◦ For those beyond 2001. For the acquisition of high speed crafts.org. acquisition of high speed crafts. 104 (Omnibus Guidelines for the Acquisition of Vessels for Domestic Operations and Fishing Vessel/Boat) are adopted. except as provided by MC No. Acquisition of HSCs are also prescribed documentary requirements which serve as post-approval requirements for the operation of HSCs. Duly signed Memorandum of Agreement / 3. the relevant provisions of Memorandum Circular Nos. Deed of Sale/Bareboat Charter Contract 4. Certificates of Public Convenience for HSCs shall contain the following matters: 1. Prescription of Sailing Schedules ◦ As a rule. http://www. Receipt of Payment of Processing Fee – P20. 106 and 117. maximum age of 9 ◦ For the year 1999. guidelines provided for in the MARINA MC No. 80.000. providing consolidated policy guidelines intended to promote a more liberal/deregulated atmosphere for liner operations in the domestic shipping industry. and issuance of certificates of public convenience. construction. Wooden hulled high speed crafts may not be acquired. Some of these documents include: 1.The policy guidelines provided by the MC include manning requirements and qualification of crew. in implementation of EO 185 and 213. General Arrangement Plan 6. the proposed sailing schedules and frequencies of new entrants will be favorably considered. provided further.iacs. that the minimum interval between arrival/departures of HSC shall be thirty(30) 27 IACS Website. the following maximum ages apply with respect to the period in which they had been imported or chartered: ◦ For the year 1997. maximum age of 8 ◦ For the year 2000.00/vessel In the issuance of Certificates of Public Convenience (CSC) for HSCs. Class Certificate/Certificate of Compliance with 7. maximum age of 10 ◦ For the year 1998. 121. For imported or chartered vessels. maximum age of 5 With respect to classification of high speed crafts.

minutes.) Coastwise voyage ii. sailing schedules that will best serve the public interest and convenience 2. Period of CPC Validity ◦ The vessel's age upon the issuance of a CPC shall determine the CPC period of validity. the CPC shall be valid for 10 years. ◦ As required in the Code. ▪ If the vessel was 5 years old and below upon issuance. ◦ These manuals must be submitted to the MARINA for approval. motu proprio. to the satisfaction of the MARINA.28. ◦ The operation of a HSC may be restricted in terms of routes. Domestic cargo ships comprise 28% of the Philippine domestic merchant fleet. otherwise. ◦ The craft’s service speed shall in no case be less than 25 knots. provided that: ▪ No route/link shall be left unserved.) Short sea waters ◦ The above restrictions/limitations shall be reflected in the craft’s Certificate of Inspection(CI).) Partly Protected voyage iii. either merchandise or goods. ◦ Only seats approved by the MARINA in accordance with the requirements of The Code shall be allowed. ◦ The number of passenger for maximum loading shall be based on the number of permanent seats on board. authorized HSC operators may be allowed to make automatic substitution of their other HSC. HSC may be allowed to navigate during nighttime provided the required aids to navigation and collision avoidance on the craft are complied with. the CPC shall be valid for 5 years. as defined by the circular. ◦ The craft’s operational speed shall be limited to ninety percent(90%) of its maximum speed. These are the ▪ Craft Operating Manual. Substitution of Vessels ◦ In case of emergency repairs/drydocking or mechanical/engine trouble. several manuals. including detail of their contents. HSCs are allowed to operate during daytime only. ▪ If the vessel was above 5 years old upon issuance. Particularly it is a vessel utilized for the primary purpose of transporting cargo. ▪ Training Manual ▪ Maintenance and Servicing Manual. ▪ Route Operational Manual. must be carried on board. C. 3. the MARINA shall prescribe. Liner shipping refers to the 28Philippine Merchants Rules and Regulations (PMMRR)1997 19 . ▪ There must be notice in writing to the MARINA within 24 hours of such substitution and reason/s therefor. 4.) Protected waters iv. The country’s domestic marine or shipping transport is composed of three sectors: liner. CARGO SHIPS A cargo ship is any ship that is not a passenger ship. and. as follows: i. Operational Limitations ◦ As a rule. tramp and industrial carriage.

Of the three sectors. a cargo securing arrangement for the safe stowage and securing of cargoes onboard including packing or loading in road vehicle and freight container where applicable. only liner shipping is regulated by the government29. Major commodities transported by general cargo vessels are cement. has agreed to take overall the duties and responsibilities imposed by the Code of Safe Practice for Cargo Stowage and Securing) of different types of cargo ships submit a CSM appropriate for the type of ship owned by them or for which they are responsible.go.operation of domestic water transportation that offers their services to the public without discrimination to any user.pdf 20 . agricultural products such as sugar.3501&rep=rep1&type=pdf 30 JICA MARINA. wheat. and other general cargos which are not suitable to contain in containers30.509.ist. transport equipment. http://citeseerx.1. Industrial carriage refers to the shipping operations of companies arising from the necessity to cater to the needs of their own enterprises. iron and steel. Myrna.jp/pdf/11809522_05. The Study on Domestic Shipping Development Plan in the Philippines (DSDP). It provides that companies (the owner of the ship or any organization or person such as the manager. Type of Ship Manual/Plan Required 500 gross tonnage (GT) and above and CSM consistent with rules and carrying cargo units regulations provided by the Circular. who has assumed responsibility for operation of the ship from the ship owner and who. The Circular primarily focuses on companies preparation and submission of the appropriate Cargo Securing Manual (CSM). have regular ports of call and have fixed sailing schedules and frequency.. 2015-10 MC No. the Code. taking into consideration 29 Austria. on the other hand.jica. or the bareboat charterer. on assuming such responsibility. 2015-10. fertilizer. paddy and rice. provides implementing rules and regulations to ensure the safety of Philippine-registered ships/motor boats transporting cargo and engaged in domestic trade. Tramp shipping. which is based on the Code of Safe Practice for Cargo Stowage and Securing adopted by the International Maritime Organization. refers to the operation of freight vessels that are not plying a regular route but are hired on a contractual basis by shippers under mutually agreed terms and usually carry cargoes of bulky commodities.1. Philippine Domestic Shipping Transport Industry: State of Competition and Market Structure. Domestic Shipping of Cargo: Marina Circular No.edu/viewdoc/download?doi=10. Trim and Stability Calculation of the ship — to be submitted to and approved by MARINA Below 500 GT and carrying cargo units CSM appropriate to the characteristics of their ship and its intended/approved type of service. logs and lumber.psu. http://open_jicareport.

hydrostatic properties. Essentials of Transportation and Public Utilities Law. 65. 1936. web-lashing. Parties to a contract of carriage 31 Aquino. Timoteo. The COGSA was originally passed by the Congress of the United States on Aprill 16. 1936 as Public Act No. that meet acceptable functional and strength criteria applicable to the ships/motorboats particulars and their cargo. International Shipping of Cargo: Carriage of Goods by Sea Act (COGSA) The New Civil Code is the primary law governing goods that are being transported from a foreign port to the Philippines. Cargo. valid for a period not exceeding five (5) years from the date of issue. shall be loaded. etc. MARINA shall issue CSM/CSSP Compliance Certificates. The ships/motorboats covered in this circular shall be equipped with the required cargo securing facilities/devices such as pad eyes. stowed and secured prior to ship's departure and throughout the voyage in accordance with the CSM and CSSP approved by MARINA. 521. and ceases to be valid if no endorsement has been made. the COGSA remains to be a suppletory law for such type of transportation (international shipping). Its provisions focused on the following 31: 1. lashing wires. Manila ropes. It shall be endorsed annually by the Administration during the annual survey relative to issuance of ship safety certificates. through Commonwealth Act No. The said law was later adopted in the Philippines on October 22. p. turnbuckles. the ship's dimensions. cargo units and cargo transport units. The COGSA is applicable to all contracts for the carriage of goods by sea to and from Philippine ports in foreign trade. 544 21 . Nevertheless. and the weather and sea condition expected in the ship's approved tradind area/s including the cargo composition — to be submitted to and approved by MARINA Motorboats without outriggers and CSM suitable and appropriate to the carrying cargo units characteristics of their motorboats and their intended/approved type of service — to be submitted to and approved by MARINA Motorboats with outriggers A MARINA-prescribed Cargo Stowage and Securing Plan (CSSP) suitable and appropriate for non-standardized cargoes — to be submitted to and approved by MARINA If approved. The CSM/CSSP shall be a requirement for the issuance/extension/renewal of the ship's or the motorboat's Certificate of Public Convenience (CPC)/Provisional Authority (PA)/Special Permit (SP).

major cruise ships have been making port of calls in the country. D. and the cruise itinerary. handlingm stowage. not to bring them from point A to point B anywhere in the world. 32 The cruise itinerary.d 22 . care. lounges. n. However. 2016 33Wind Rose Network. The ship takes the people on board to a round trip which could last a day or even a week. It is a luxury vessel that carries passengers. Defenses and immunities of the common carrier ◦ Section 4 of COGSA provides the common carrier with defenses and immunities. hot tubs. 4. restaurants and rooms similar to hotels. these defenses are subject to the amendatory provisions of the Civil Code. However. Notice of claim and prescriptive period ◦ COGSA also provides for periods within which the liabilities of the carrier may be enforced 5. 3. libraries. In the year 2014. but includes the charterer. includes the activities for passengers that may embark or disembark the cruise during the route. The concept of a carrier is not limited to te shipowner. Under the Civil Code. as a rule. as opposed to an ocean liner. 2. Document of title required ◦ The contracts of carriage of goods covered by COGSA are evidenced by Bills of Lading or any similar documents of tile. CRUISE SHIP A cruise ship or a cruise liner is a passenger ship which usually is a foreign- registered vessel. and discharge of goods. The trip onboard is part of the experience as the different destinations on the way. Cruise ships provide luxurious facilities for its passengers. Section4 (1) provides. there are no Philippine-registered cruise ships. ◦ The carrier and the shipper are given their respective rights and obligations under the COGSA. the carrier will not be liable only if it can present proof that the unseaworthiness was caused exclusively by any of the circumstances specified in Article 1734. the 32Marine Insight News Network. carriage. The journey of a cruise ship begins and ends where it started. insofar as such document relates to the carriage of goods by sea. There are two main elements when defining the nature of the whole cruise experience: the onboard services and facilities. Duties of a carrier ◦ Section 2 of the COGSA expressly covers the carrier's obligation and liabilities in relation to the loading. custody. ▪ For instance. which forms an integral part of the overall cruise experience.33 Currently. gyms. that the carrier shall not be liable for loss or damage arising from unseaworthiness. a person who charters a vessel to conduct his business for his own account. Section 3 enumerates the responsibilities of the carrier under COGSA subject to provisions of the Civil Code which serves as the primary law. Some of these facilities are swimming pools.

which may or may not be carried with the unit on the ship for use at both ends of the voyage36. Just recently. sailing from Manila and taking its passengers to Laoag. V. there was a total of 52 port of calls. (2017). every unit being moved on its own wheels. and Application for Berth/Anchorage—for arrival clearance. ROLL-ON ROLL-OFF OR RORO Roll-on Roll. whether: 1. In addition to said requirements. and International Tonnage Certificate.000 passengers onboard was one of the cruise vessels that made a port of call in the country. motorcycles) and/or 34 Tantuco. MV Prestige Cruises-Insignia with around 1. and Official Receipt/s of Payment of Port Charges—for departure clearance.rappler.35 E. Taiwan and Hong Kong for a 6-day trip. 34 Being a foreign vessel. Last year. 2009-23 38 Administrative Order 005-1995 of PPA 23 . trucks. containers on chassis attached to a prime mover. it is required to submit to the Port Management Office (PMO) or Terminal Management Office (TMO) personnel upon application for arrival and departure clearance the following: Inward Foreign Manifest. 38 It refers to the method of loading and discharging of vehicles between vessel and shore via a ramp. Asia-Pacific Cruise Superstar Virgo Makes Manila its Home Port. Passenger Manifest (when applicable).Off Transport is a mode of marine transport in which the cargo comprises a series of units. Passenger Manifest (when applicable). Hong Kong-based Star Cruises made news that its Superstar Virgo cruise ship will make Manila its home port. or by a temporary mobile system. Dangerous Cargo Manifest (when applicable). It is designed with a multi-deck hull especially for the Roll-On/Roll-Off cargoes handling to and from the intended decks by way of door/ ramp situated below the weather deck. Self-powered (such as cars.13-2002 36PPA AO 05-95 37MARINA Circular No. Outward Foreign Manifest. buses. foreign vessels on maiden class are required to submit for such first call only the following: Vessel Information Sheet.com/life-and-style/travel/158268-asia-pacific-cruise-superstar-virgo-homeports- manila 35PPA Memorandum Circular No.Philippines attracted 44 port of calls and in the year 2015.37 RoRo Operations may take on passengers or cargoes. Ilocos Norte. http://www. each capable of being loaded into and unloaded from the ship by essentially horizontal movements through the use of a ship or shore-based ramp.

Aklan. Bohol. b. Tagaytay City (Cavite). Romblon. covered passenger terminal and waiting areas provided in the port area for the safety and comfort of passengers. 2. When the 50 nautical miles limit was lifted. Central Nautical Highway then links Pilar. Guimaras. Eastern Nautical Highway. Other additional policy changes included the creation of dedicated lanes for Ro-Ro Ferry Terminal System (RRTS) shipping service providers to ensure efficiency at the terminals. 170 (S. Capiz. Negros Oriental. Western Nautical Highway linking Manila and Dipolog connecting to the Central Nautical Highway in Cebu City. The RoRo System network is composed of three major routes: a. Its route covers the provinces and cities of Oriental Mindoro. Cebu.2003) to Include Container-Chassis Roll-on-Roll-Off (Cha-ro) 40 PPA AO 005-1995 24 . The RRTS the network of terminals all over the country. Antique.40 Strong Republic Nautical Highway (SRNH) or Philippine Nautical Highway System or RoRo System Former President Gloria Macapagal-Arroyo issued EO 170.2003) and EO No.39 There are different types of RoRo vessels based on the cargoes it carries: pure RoRo (where vehicles of any type are driven on their own into or out of the vessel). and Sto-Ro (where cargoes or container are carried from the apron and stowed into or out of the vessel to a waiting truck by means of a wheeled equipment such as a forklift). Iloilo. in 39 Executive Order No. 204. 2016 Expanding the Coverage of Executive Order No. connected to the Central Nautical Highway via Cataingan. Sorsogon and Balingoan. chassis roro (or Cha-ro where chassis or trailers are towed into or out of the vessels). series of 2003 which established the Road Roll-On/Roll-Off Terminal System (RRTS). and Batangas City in Luzon. and Siquijor. Originally. Containers on chassis loaded unto the Ro-Ro ship by prime mover (or tractor head) at the port of origin and unloaded from the Ro-Ro by a different prime mover (tractor head) at the port of destination. which is a link between the province of Biliran and Surigao City. the RRTS is a concession to large shipping companies. Marinduque. 170-A (S. Negros Occidental. c. s. separated by a distance of not more than fifty (50) nautical miles and linked by Ro-Ro vessels. the RoRo policy is now applicable to any point in the country.

with respect to ro-ro operations.O. 6. 4. Provide administrative proceeding for marine casualty or incident Accreditation Requirements42 1. and Dapitan City in Mindanao. A letter of intent addressed to MARINA. Latest audited financial statement (if company is already in existence/operation).the Visayas. MC No.41 Based on a Memorandum of Agreement between Philippine Coast Guard and MARINA. and 4. 5. or a corporation or co-partnership. Authorized to issue-Special Permit to carry dangerous cargoes/goods. The applicant must be a citizen and permanent resident of the Philippines. Must submit: 3. directors and principal officers and their bio-data with particular emphasis on shipping or shipping – related experience or expertise duly supported by documents acceptable to MARINA. List of vessels owned/chartered (if applicable) indicating vessel(s) specifications(as supported by corresponding certificate of ownership issued by the (PCG) and routing patterns and schedules. List of incorporators. 3. it is given the tasks to: 1. The primary purpose must be to engage in domestic shipping business/operation. and Misamis Occidental. Lanao del Norte. 41E. Assist the MARINA to perform enforcement activities. Regulating Agency The majority of regulations defining Ro-Ro operations are issued by PPA and MARINA. Misamis Oriental. with at least 60% of the subscribed capital belonging entirely to citizens of the Philippines. Or a single proprietorship duly registered with the DTI 2. Perform ship safety inspection services prior to the issuance of ship safety certificates by MARINA 2. 170 42MARINA. The PPA and Cebu Port Authority provide for issuances for documentary requirements while the DENR is for the issuance of Environmental Compliance Certificate. 03 Series of 2006 25 . association or joint-stock company constituted and organized under the laws of the Philippines.

Proof of payment of the prescribed fee to be attached to the application for accreditation. For single proprietorships – The Registration of Business Name/Business License with the DTI. FISHING VESSELS A fishing vessel . transportation and/or processing. including.fishing utilizing active gears and vessels of 20. Small scale commercial fishing . reflecting that the primary purpose of the corporation/partnership is to engage exclusively in domestic shipping business/operation. F. province or region it proposes to serve is also required Registration Registration must be in accordance with MARINA MC 2013-02 through a Letter of Application.any boat. ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one or more vessels in the performance of any activity relating to fishing. 43 The Operator must be a MARINA-accredited entity and must financially capable to sustain its operations and meet claims arising from maritime accidents. The Certificate is valid for a period of 3 years and is renewable. refrigeration. Feasibility study or any study or document that will show probable economic/beneficial effect to the port. 9. and 432014 IRR of RA 9295 44RA 10654 as amended.1 gross tons (GT) up to twenty (20) GT. such does not require any registration for a fisherman’s license. For corporations and partnerships – The latest Articles of Incorporation/Co- partnership and By-Laws approved and registered by the Securities and Exchange Commission (SEC). preservation. The approval of a ship name must be first secured before its registration.1 GT up to one hundred fifty (150) GT. supply. but not limited to. 2. Must meet the capitalization requirements set by MARINA. 8. Commercial fishing may be classified as: 1. 10.fishing with passive or active gear utilizing fishing vessels of 3. storage. Authority to Operate A Certificate of Public Convenience (CPC) is required. Medium scale commercial fishing . The Philippine Fisheries Code of 1998 26 . 7. 44 Fishing is engaged largely for Commercial Fishing the primary purpose of which are for business & profit beyond subsistence or sports fishing In fishing for subsistence not for profit and for sports fishing.

are eligible to apply for registration. The MARINA and PCG shall extend technical assistance and support to the local government units with respect to registration of fishing vessels and maintain a separate data bank of the list of registered fishing vessels registered. the local PNP. single proprietorships. partnerships and/or corporations and duly registered or accredited fisherfolk associations and cooperatives. which shall be the subject of a separate application with LGU in accordance with its fishery ordinance and RA 8550. A permanent number shall be assigned to each registered fishing vessel. Clearance from the PNP Maritime Office in the LGU or in its absence. the fishing gear it will utilize in fishing shall be registered and a license granted therefor. 305 27 . a registry of which is kept at the municipal office. 3. 45RA 8550 46E. No. certifying that the fishing vessel is not involved in any criminal offense. which shall contain the following information: name of owner. 3. File an application under oath using a standard application form (Annex A).fishing utilizing active gears and vessels of more than one hundred fifty (150) GT. 2. Only Filipino citizens. nationality. and other pertinent information that the LGU may require. (RA 10654) Registration Registration of the Vessel For purposes of commercial fishing. type and make of fishing vessel and propulsion. corporations. Under Executive Order 305 otherwise known as Devolution to Local Government Units the Municipal/City Government shall undertake the registration of fishing vessels three (3) gross tonnage and below. cooperatives or associations qualified under this section shall secure Certificates of Philippine Registry and such other documents as are necessary for fishing operations from the concerned agencies. The registration is limited to the conferment of identity to the fishing vessel and does not serve as an authorization or license to fish in municipal waters. 45 Before a commercial fishing vessel holding a commercial fishing vessel license may begin fishing operations in Philippine waters. Large commercial fishing . fishing vessels owned by citizens of the Philippines. partnerships. residence.O. Registration Requirements/Process46: 1.

Payment of pertinent fees. The name of the fishing vessel shall be painted on both sides of the mid portion of the fishing vessel. upon request of the owner/operator. Change of Homeport The LGU shall issue a new Certificate of Number in case the fishing vessel changes its homeport. Clearance to change homeport issued by the current homeport Upon approval of the change of homeport. to the proposed name. all records pertaining to the boat shall be transmitted by the previous homeport to the new homeport. The new homeport shall issue a new CN upon filing of an application for issuance of a new CN supported by the following documents: 1. The original copy of the CN. 8. The LGU may institute a vessel-marking or color coding system within its municipality. If the proposed name has already been assigned to another registered boat. and LGU. any Arabic number or Roman numeral which can be represented by words or its numeric equivalent. 28 . and 2. The original copy of the CN. 6. This may occur in case the owner/operator decides to change residence or principal office. The LGUs shall issue a Certificate of Number once all the documentary requirements are fully complied with and upon payment of the registration fee 5. which shall be painted. upon application for a change of homeport. A name shall be assigned to only one (1) fishing vessel regardless of type of fishing gear. In Case of Change of Engine An application for the issuance of new CN shall be filed with the current homeport accompanied by the following documents: 1. may assign a name to the fishing vessel. The LGUs shall assign an official number to a registered fishing vessel. 9. The LGU. The LGU. or sells or transfers ownership of the fishing vessel to a person or entity with domicile in another LGU. which shall correspond to a code specifying the Province. 4. the owner or operator has the option of adding letters of the alphabet. permanently marked or plated on both sides of the forward portion of the fishing vessel 7. issue a certificate of clearance and shall delete the registration of such fishing vessel from its register.

47 The Fisherman’s License shall be in the form of a Fisherman’s Identification Card to be issued upon compliance with the following requirements: 1. Payment of license fee in the amount of One Hundred Pesos (Php 100).O. 3. stating the reason for such. as well as the date and place of payment. When an owner or operator desires to change the name of his boat. 305 are required in case of loss or decay of the fishing vessel. Registration of the Fisherman No person shall be engaged or seek employment as fish worker on board a commercial fishing vessel without a Fisherman License from DABFAR. The original copy of the CN shall be attached to the application. Completed application form. to immediately inform the LGU. 4. The Commercial Fishing Vessel License (CFVL) owners or operators shall ensure that all their fish workers are duly licensed by DA-BFAR to work in commercial fishing vessels. 2. Said offices shall also assist the LGUs to qualify and issue appropriate documents to the fisher folk to operate a motorized fishing vessels. The license number. The LGU may also cancel or delete the registration of the fishing vessel after due notification The MARINA and PCG shall continue to exercise visitorial functions to enforce compliance with the Revised Philippine Merchant Marine Rules and Regulations and all other existing laws. shall be indicated in the Fisherman’s Identification Card. Deletion or Cancellation of Registration The owners/operators under E. he must submit an application filed with the LGU of the current homeport. Official Receipt of Purchase of Engine. or its involvement in a marine/maritime incident. (RA 10654) 47RA 10654 29 . rules and regulations on maritime safety. 2. The latter shall delete of cancel the fishing vessel’s registration. An application for change of name will not be approved if the boat is involved in civil case regarding question of ownership or in a criminal or civil case for violation of a fishery law or ordinance. official receipt number. and. Valid government-issued ID or Barangay Clearance. Police Clearance that the engine purchased is not from a carnapped/stolen vehicle. 2 copies of 1" by 1" ID picture. and 3.

fishing vessels of Philippine registry may operate in international waters or waters of other countries which allow such fishing operations. Provided that: 1. indicating therein such needed information as ship’s name. are required to secure a Minimum Safe Manning Certificate. 30 . 3. Landing ports established by canneries. tonnage and break horsepower. Regulations Memorandum Circular no 179 pursuant to EO 474 Requires that: 1. Fish workers on board Philippine registered fishing vessels conducting fishing activities beyond the Philippine Exclusive Economic Zone are not considered as overseas Filipino workers. port of registry. manning and other requirements of the PCG. etc. seafood processors and all fish landing sites shall be considered authorized landing sites: 5. They secure an international fishing permit and certificate of clearance from the Department. IMO and Official Number.Fishing in International Waters Under R. crew list.A 8550 otherwise known as the Philippine Fisheries Code of 1998. 2. MARINA and other agencies concerned 2. All Philippine-registered ships/fishing vessels operating in Philippine waters. The fish caught by such vessels shall be considered as caught in Philippine waters and therefore not subject to all import duties and taxes only when the same is landed in duly designated fish landings and fish ports in the Philippines 4. A letter-application for the issuance of Minimum Safe Manning Certificate for each ship shall be filed with the Maritime Industry Authority (MARINA) by the concerned shipowner/ operator/ manager. owner/operator. or temporarily utilized in overseas trade/ international waters. ship and rig type. They comply with the safety.

R. and off-loaded for transshipment. 8550 51Section 43. The operation of radio communication facilities on board fishing vessels and the assignment of radio frequencies specific and distinct to area of operation shall be in coordination with the National Telecommunications Commission. 52 G. RA.motored regardless of their size and utilization (whether for tourist or fishing or any other purpose) shall be required to register. 10654 52Section 44. landing points. non-motorized bancas.49 5. On the other hand. regardless of size and utilization are 48Section 36 R. Detailed information shall be duly certified by the vessel's captain and transmitted monthly to the officer or representative of the Department.A.A. All fishing vessels shall be provided with adequate medical supplies and life- saving devices to be determined by the Occupational Safety and Health Center: Provided.A. a Certificate of Public Convenience must be had first before beginning to operate. 3.A. As for motored bancas utilized for transporting passengers or goods. MOTORIZED BANCA All bancas whether motored or non .48 4. sale and/or other disposal. R. 8550 49Section 37 R. The number and wattage of superlights used in commercial fishing vessels shall be regulated by the Department: Provided. Each commercial fishing vessel shall keep a daily record of fish catch and spoilage. at the nearest designated landing point. that the use of superlights is banned within municipal waters and bays.50 6.51 7. 10654 31 . Every commercial fishing vessel of Philippine registry when actually operated shall be manned in accordance with the requirements of the Philippine Merchant Marine rules and regulations. and quantity and value of fish caught. 8550 50Section 38. That a fishing vessel of twenty (20) GT or more shall have as a member of its crew a person qualified as a first aider duly certified by the Philippine National Red Cross.

Guadalupe and 53Marina circular no. On February 14. However. San Joaquin. (see Annex 1. as attached). Existing motor-bancas shall comply with the following documentary requirements for registration53: 1. motorized banca engaged in tourism activities and services shall be accredited by the Department of Tourism. New building motor-bancas shall initially submit the required Construction Plans or Sketch. 5. dated January 30. 146 Sec 14(b). as attached). VI. Currently. Side view picture with the name of the motor-banca (size: 5”x7”). 6. from Pinagbuhatan in Pasig City to Plaza Mexico in Manila. Stencil of vessel’s engine and information on the kind of transmission/propeller. It is the government’s response to curb the worsening traffic situation in Metro Manila. Affidavit of Admission. the operation was stopped in 2011 following complaints from passengers of the long waiting hours. and. 2007. 3. 1987. Affidavit of Ownership or Deed of Sale. Philippines that cruises the Pasig River . Post Construction Plans or Sketch. among others. then President Gloria Macapagal Arroyo inaugurated the Pasig River Ferry System with five operating stations. the system is owned and operated by a private company.exempted from securing a Certificate of Public Convenience as expressly provided for by law under CA No. The Certificate of Philippine Registry of the motor-bancas shall have a maximum validity of five (5) years reckoned from the year of registration. 4. PASIG RIVER FERRY The Pasig River Ferry Service is the only water-based transportation in Metro Manila. (see Annex 2. There are 12 operating stations located in Pinagbuhatan. 7. Aforementioned documents must be submitted to the MARINA 8. In addition. 05 series of 2009 32 . There are now a total of 14 operational ferries in its fleet that services passengers along Pasig River. as applicable. Each unit has a capacity of 150 passengers. pursuant to Executive Order 120. Nautical Transport Services Incorporated. RIVER FERRIES A. as applicable and acquire the necessary permit from this Authority prior to commencing the boat building. 2. fully air-conditioned and equipped with television. and Maybunga in Pasig City.

The selected operator shall have the exclusive operation of the transport service for at least five (5) years 2. The Pasig River Transport System Operation Center Prior to the reopening. and Lambingan.Valenzuela in Makati City. 2017. The Agencies concerned aims to build at least 30 terminals in the eastern part of Metro Manila and the provinces of Rizal and Laguna. where the Inter- Agency Technical Working Group (IA-TWG) shall act as the Evaluating Committee and shall be responsible for the evaluation and verification of documents submitted by prospective operators. Prospective operators shall submit Legal Documents: a) Letter of Application b) General Information of the Company c) DTI / SEC Registration d) Mayor’s Business Permit 33 . PUP. The operation of the Passenger Ferry Service (Regular and Express) shall be awarded to one (1) operator only. According to the data released by MMDA on January 7. Lawton. It is composed of members from the DOTC.5% in 2016 partly due to the Free Shuttle Service provided by the MMDA and sponsored by Megaworld Corporation. Escolta and Plaza Mexico in Manila. Hulo in Mandaluyong City. the Pasig River Transport System Operation Center (PRTSOC) was created to perform all other administrative functions to ensure the smooth operation of the Pasig River Transport System. Operational Guidelines/Requirements Based on the Terms of Reference created by the PRTSOC. while the Project Team for the Pasig River Ferry Service Project shall act as the Approving Committee 3. the following are the processes and requirements and guidelines necessary to operate the Pasig River Ferry System: 1. Ana. and PRRC (Pasig River Rehabilitation Commission). This system is part of the Phase 1 of the government’s plan to fully rehabilitate the Pasig River. Interested parties shall undergo an Eligibility Screening. MMDA. Seven terminals will be built around the Laguna Lake and in the city of Calamba. (Anna Liza Villas-Alavaren). the ridership significantly rose 17. Sta.

000.) Commitment from a Reputable Financing Institution (Credit Line) 34 .) Proposal Security in the amount of PHP500. On-going and Awarded Contracts for the past three years 4.) Ship Construction/Acquisition Schedule pursuant to MARINA MC95 d. If a new company. Prospective operators who pass the Eligibility Screening shall undergo the Proposal Evaluation Phase consisting of the following: Technical Proposal (First Envelope).) List of Prospective Operator's Project Personnel with Qualification and Experience Data f.00 c. which shall include: a. Audited Financial Statement for the last three (3) years. e) VAT Registration f) Tax Identification Number g) Accreditation from MARINA as a Shipping Company/Ferry Operator) h) Joint Venture/Consortium Agreement (if applicable) Financial Documents: a) List of current financial obligations b) If an old company.) Authority of Signing Official b.) Proposed Project Organizational Chart e. projected Income Statement and Balance Sheet c) BIR Certification of VAT Remittance Corporate Structure: a) Organizational Chart of the Company b) Key Personnel of the Company with respective Resumes and Records of Experience Business Experience Documents: Summary of Completed.

) Safety and Health Program h. A Contract of Transport Service Operation shall be executed by and between the Transport Service Operator and the DOTC.  Security Plan. operator may lease the commercial spaces to concessionaires subject to the approval of the Pasig River Transport System Operation Center 35 . Operation and Maintenance of Ferry Stations. MMDA. the winning operator shall be required to have a minimum of ten (10) vessels. 9. Fare Proposal (Second Envelope) 5.  Maintenance Program.) Details of Operation which shall include:  Vessel plans/design which shall be pre-approved by MARINA and the Number of Vessels *Initially.) Affidavit of Compliance with the Disclosure Provision j.  Operation Schedule  SOLAS (Safety of Life at Sea) Compliance. Each vessel to be put into service must have a CPC issued by MARINA.  MARPOL Compliance. The operator shall have a Maintenance Yard and a Fleet Maintenance Program in accordance with MARINA MC 178. Each ship shall comply with all applicable provisions of MARINA including the requirements for nighttime navigation. including the security and ticketing station a.) Certificate of Compliance with Labor Laws i. 6. after meeting the minimum number of vessels with valid CPC’s as required in this TOR. shall commence its operation. The ship operator selected shall be initially given the privilege to operate and maintain the ferry stations. and PRRC. The selected operator. 8. No CPC application shall be entertained by MARINA without the endorsement from the AC. 7. Each ship shall comply with all applicable provisions of PCG Memorandum Circular Nos. A Ship Security Plan approved by the Pasig River Transport System Operation Center shall be provided for each ship. for the issuance of Certificate of Public Convenience. 01- 2001 and 09-2001 on marine pollution. Upon approval. the AC shall issue a Notice of Selection to the prospective operator and shall send an endorsement to MARINA. g. The Evaluating Committee shall endorse the results of the Selection Process to the Approving Committee.

similar in shape. It is done on white water which means varying degrees of rough water. 05-07 Pasig River Safety. strengthen data gathering and research on tourism. but it has been gaining a lot of positive reviews and feedback from sports enthusiasts. as it exists today. And The Governance Of Its Ecosystem. Primary tourism enterprises shall be periodically required to obtain accreditation from the Department as to the quality of their facilities and standard of services. and may bid out such advertising rights to interested parties. soon grew to be a multi-million dollar tourism industry across the world. and other means of conveyance used for transporting people and goods along the Pasig River and its tributaries shall be under the security monitoring and inspection of the Coast Guard. The Pasig River Transport System Operation Center shall exercise advertising rights over the ferry stations. c. what once was strictly an adventurers’ activity. the Department shall prescribe and regulate standards for the operation of the tourism industry. fish carriers.and third-world nations. VII. Security. Accreditation shall be voluntary for secondary tourism enterprises. and design to the modern rafts . and facilitate the promotion of individual enterprises and the industry as a whole. Section 39 thereof provides that — In order to encourage global competitiveness. Any violation to the provisions of the circular may be penalized under the Circular. beyond America. more responsive whitewater vehicles. barges. considered as an extreme sport and can be fatal. vested upon the Department of Tourism to regulate all business enterprises and activities related to the tourism industry. size.which found their way into the hands of private adventurers around North America. MMDA. VESSELS FOR RECREATION AND TOURISM Republic Act 9593 otherwise known as the Tourism Act 0f 2009. really came about after World War 2. 10. borne out of the surplus of military rubber inflatables . all ships/vessel. river pioneers and explorers devoted their time and energy to building safer. It started in Cagayan de Oro City and now it is already being offered other locations. Under Coast Guard Memorandum-Circular No. thus. White water rafting. 36 . in both first. b. ferry boats. Over time. WHITE WATER RAFTING It is an outdoor recreational activity. Whitewater rafting in the Philippines is still relatively new. with state-of-the-art materials and designs. air and sea transport services which caters to tourists. A. and PRRC. And. A Contract of Ferry Station Operation shall be executed by and between the Ferry Station Operator and the DOTC. Among the services that must be regulated by the Department are the land.

2. Helmets consist of a sturdy outer shell. Equipment: 1. depending on the amount of rainfall for the year. to a 22-foot or longer barge. The PFD Personal Flotation Device. or what is more familiarly called the life vest or lifejacket54. The smaller the raft. So while most people moan about the torrential rains. using highly durable fabric material like PVC and Hypalon.sizes are from an 8-foot “mini” for two or three people. because the rains usher in our fun-filled season of rapids. where seams are fused together using what they call “heat welding” to ensure that the seams become a single piece and do not come apart. the swifter if flows. Today’s paddle rafts are designed specifically for whitewater rafting. The operators source it abroad and have to go through customs inspection. usually starting August to February or March. 4. The Raft A paddle raft. rafters celebrate. The rains fill the rivers to make paddling fun and exciting. and a chin harness to keep the helmet on your head. The outer shell is 54PCG MEMORANDUM CIRCULAR NO. a shock-absorbing inner liner. The Helmet. The paddle designed to withstand the toughest conditions 3. 02-14 37 . otherwise called the PFD. Locations Luzon: Chico River in Kalinga Province Quezon Province River Sagada in Mountain Province Ibaloi River in Ifugao Twin River in Apayao Visayas Tibiao River in Antique Calbiga River in Samar Mindanao Cagayan de Oro City Davao River Kabula River in Baungon Bukidnon Basics Paddling season starts as the rainy season sets in.

b. Community Safety Equipment a. common medicines. Tie Down Straps or Cam Straps: to help secure stuff in the boat d. rigid material like Kevlar. Swift water rescue principles and training d. Drafted guidelines for accreditation of river guides and outfitters 38 . it is being offered by some and not all of the rafting companies in Cagayan de Oro. and repair kits. web slings. 5. made out of fiber-glass or plastic or some other strong. Pump: always as a safety back-up e. sprains. The Rescue Bag: which is very much like the throw bag but is much more than just a rope in a bag as it contains a static rope. As of this time. broken bones. Basic first aid and CPR e. able to assess the movement and potential risk of the water c. etc. Regulation/Licensing: There is a lack of formal guidelines and standard on whitewater rafting in the country. 8-ring. basic Disaster Assistance and Rescue Training (DART) River Boarding and White Water Kayaking are other sports Related to White Water Rafting. Understanding the principles of water. The initiatives taken by the Department so far are: 1. prussiks. First Aid Kit: to treat minor cuts and bruises. If possible. Preparation of Whitewater Rafting Product Manual 2. accessory cords. c. harness. Single Rope Technique (SRT) and basic hauling principles f. The Department of Tourism (DOT) upon the proposal of the operators is already in the process of drafting guidelines which shall govern the Whitewater Rafting Industry. River guide training which includes basic equipment repair b. pulley. These are relatively new in the Philippines at least. The Throw Bag: which is used to retrieve paddlers who are in the water. carabiners. Terms A whitewater Rafting Operator is called an OUTFITTER A river guide is called a paddle captain River Guide Skills Rquirement: a.

guidelines of which varies from one municipality to another. with a provision thereof requiring “all whitewater rafting river guides shall be required to undergo City Disaster Risk Reduction and Management Office (CDRRMO) training on First Aid for Sportsmen. the City Council passed Ordinance No. there is a Safety Code of the American Whitewater Affiliation which is the bible by which whitewater operators adhere to. Some Rafting Operators in their own initiative has endeavored to partner with the DOT in an attempt to set up training modules for river guide training. and systematize the procedures by which whitewater operators and outfitters run their trips. registration and requirements are just like any other local business. Basic Swimming and Water Safety and Rescue. LAGUNA/PAGSANJAN SHOOTING THE RAPIDS AND BAMBOO RAFTING The regulations in Laguna and other places is under the jurisdiction of the Municipal Tourism Office of the Department of the Tourism. There is no accreditation and licensing system to monitor. 13131-2016. Barangay Clearance 3. 3. Mayor’s Permit As to local initiatives. The ordinance was primarily aimed to regulate the prices. the Cagayan de Oro City Council passed City Ordinance No. for instance. 39 . So far. improve. Following the death of a tourist in 2014. 11087-2008: Prescribing the rules and regulations in the conduct and operation of whitewater rafting in the city.” The training for the river guides is generally organized by the Philippine Red Cross. and these are: 1. Possible granting of tax holiday to outfitters subject to the guidelines to be developed by DOT and Board of Investments (BOI) These are all in its initial stages despite the industry’s existence for more than 10 years now.In the US. in order to operate a White Water Rafting Outfit. CPR/Basic Life Support. SEC Registration for corporations and partnerships or DTI Registration for single proprietorships 2. considering that the sport involve risks for clients. What is necessary is for the boatmen to undergo accreditation with the Municipal Tourism Office. There is no standardized the safety gear and equipment used. the activity being part of the local ecotourism.

Here are summarized descriptions of these vessels: 1. main tube and resting their feet on two laterally flanking tubes which stabilize the boat. WATER SPORTS VEHICLES These vessels are primarily used for recreation and sports. 4. Yacht travel depends on suitable weather conditions. Flyboards and Yachts. Jetskis – These refer to a personal watercraft of small size. human-powered pleasure craft and motor boats used for recreational activities prior to departure or during 40 . Banana boat (or water sled) – These refer to an unpowered. Originally developed and named by Kawasaki. 2. Some models have two main tubes. The most common construction material for these vessels is fiberglass. Water is forced under pressure to a pair of boots with jet nozzles underneath which provide thrust for the rider to fly up to 15 m (49 ft) in the air or to dive headlong through the water down to 2. These vessels are regulated by both the MARINA and by the PCG. A Fly board rider stands on a board connected by a long hose to a watercraft. Motor yachts typically have one or two internal combustion engines that burn diesel fuel or gasoline. and this requires the yacht user to follow a specific travel calendar in order to avoid bad sailing weather. The PCG may conduct safety inspection to PWC. PCG Inspection Under Memorandum Circular No.5 m (8 ft). inflatable recreational boat meant for towing. B. followed by aluminum. Jet skis typically can carry 1-2 people seated in a configuration more like a typical bike or motorcycle. Fly board – Refers to a type of jetpack which supplies propulsion to drive the Fly board through water to perform a sport known as fly boarding. and Ferro cement. Yacht – A recreational boat or ship. The main tube is often yellow and banana-shaped. the owner/operator of recreational watercraft shall submit a record of registration of their recreational watercraft at the nearest PCG Station/Detachment for purposes of monitoring all watercrafts operating in AOR. Registration: The documentary requirements and procedure shall be the same as what was previously provided for under the registration of ships. Different models usually accommodate three to ten riders sitting on a larger. 3. the name has become synonymous with small personal watercraft. steel. fuel costs may make motor yachts more expensive to operate than sailing yachts. Banana Boats. 02-14. These vessels include Jetskis. carbon fiber. Depending on engine size.

Vessels of 1. whistle). if the personal watercraft is navigated out of sight of seamarks. where the PCG finds clear ground to believe that the PWC. c. Kite board. Human Powered Pleasure Craft and Motor boat is required to wear a personal flotation device or a lifejacket of an appropriate size. Surf board and water rafting. the PWC is required to carry on board only the following safety equipment: a. when PSWS number 2 or higher is hoisted within its point of origin or route or point of destination. 01-09 41 . or manual bilge pump.000 gross tons or below shall not sail. A sound-signaling device (i. except to take shelter.55 2. A watertight flashlight or three pyrotechnic distress signals other than smoke signals. Any means of communications such as handheld radio or cellular phone (must be packed in a watertight casing) capable to contact PCG or any person at the nearest beachfront. and in addition. as the case maybe. human-powered pleasure craft and motor boats or its equipment or crew do not correspond substantially with the requirements of applicable safety standards.boating operation. 02-14 further provides for guidelines for safety operation of recreational watercrafts: 1. Vessels of any tonnage shall not sail. 55PCG MEMORANDUM CIRCULAR NO. In addition. except to take shelter. Human-powered pleasure crafts and motor boats shall also carry on board the same safety equipment as that of the PWC. when PSWS (Public Storm Warning Signal) number 1 is hoisted within its point of origin or route or point of destination. In the course of conduct of safety inspection. If every person on board a Personal Water Craft(PWC). b. 3. The sailboard or kite board is required to carry on board the aforementioned equipment except the magnetic compass. 5. A magnetic compass.e. 4. The PCG Station/Detachment shall designate the sailing routes in their respective areas of responsibility where all recreational watercraft can only navigate except during emergency situations. and d. a bailer. Guidelines For Safety Operation Of Recreational Watercrafts The PCG Memorandum Circular No. it is authorized to impose detention or suspension of operation of said recreational watercraft. Sailboard.

Ensure that no passenger/s is/are under the influence of liquor while riding on the watercraft.1667 where:  = displacement corresponding to the design waterline (m3 ). Ensure that all passengers/riders of boats must wear a personal floatation device or life jackets at all times. Ensure all safety equipment or paraphernalia required in the watercraft is available onboard before boating operations. Advice that: 1. Responsibilities of The Operator/Driver 1. 2. Navigate only in the designated sailing routes duly established by the PCG Station/Detachment in their respective areas of responsibility except during emergency situations. The operator/driver of the watercraft including its passenger is wearing a floatation device or lifejacket at all times 2. Exercise due diligence in the operation of the water craft and responsible for the safety of all the passengers including those passengers in towed Banana Boat/s or floating platforms.7 0. SPEED BOATS Speed Boat is under the term High Speed Crafts (HSC) in Memorandum Circular No. A Highspeed Craft is a craft capable of a maximum speed. Report boating accident/s to the PCG in compliance to HPCG Memorandum 06-90 (Marine Protest) within 24 hours. The operator/driver of the watercraft including its passenger is not under the influence of liquor. 2. The operator/driver of the watercraft to navigate only in the designated sailing routes duly established by the PCG. The definition notwithstanding the minimum service speed of the craft shall at least be 25 knots. and 6.Responsibilities Of The Owner/Operator Ensure that: 1. Operational Requirements 42 . 131 issued by the MARINA. C. and Report boating accident/s to the PCG in compliance to HPCG Memorandum 06-90 (Marine Protest) within 24 hours. 4. equal to or exceeding: 3. 3. 5. The safety equipment or paraphernalia required in a certain type of watercraft is available onboard during boating operations. in meters per second (m/s).

shall apply. sailing schedules that will best serve the public interest and convenience. the craft’s operation shall be restricted to daytime navigation only. as defined under this Circular. In addition. 80. respectively. motu proprio. HSC should have special navigation lights similar to the hovercraft flashing light for better identification. or place Number of Passengers 56MARINA 57Policy guidelines in the regulation of domestic water transport service 58IRR for opening the domestic water transport industry to new operators and investors 59IRR deregulating domestic shipping rates 43 . finally. shall be adopted. The relevant provisions of Memorandum Circular Nos. certificate of public convenience is necessary. to the satisfaction of the MARINA. The MARINA shall prescribe. HSC may be allowed to navigate during nighttime provided the required aids to navigation and collision avoidance on the craft are complied with. The HSC shall observe maximum docking or berth impact speeds to avoid causing nuisance in harbors or other confined areas and avoid damage to the port and/or other vessels. HSC are allowed to operate during daytime only. except as herein provided. Operational Limitations: As a rule. The above restrictions/limitations shall be reflected in the craft’s Certificate of Inspection(CI). providing consolidated policy guidelines intended to promote a more liberal/deregulated atmosphere for liner operations in the domestic shipping industry. time. that HSC’s shall not race each other in any event. The craft’s operational speed shall be limited to ninety percent t(90%) of its maximum speed. In cases where night vision equipment (NVE) is not provided. proper crew training and bridge routine are necessary.1. 57 10658 and 11759. Wooden hulled HSC shall not be allowed for acquisition 2. 10456 including the amendments thereto. provided. Where NVE as provided is fitted. The craft’s service speed shall in no case be less than 25 knots. Policy guidelines for acquisition of vessels for domestic operations under Memorandum Circular No. in implementation of EO 185 and 213. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE (CPC) If used for public service.

which applies to all SPCraft in the domestic trade involved in the carriage of passengers. to include wing-in-ground (WIG). for monitoring and for one or more of the following: .2 of the RPMMRR 1997. . for the reason that it still falls under the definition of a ship under RA. Requirements Prior To Operation: Submersibles that will be used either for commercial transport of persons are required to produce the same requirements as any other ship. hovercraft. 3 recharging life-support. amphibian. Manning Requirements And Qualification Of Crew 1. 1 recharging of power supply. 2013-07. hydrofoil. 2 recharging high pressure air. submarine. must be carried on board. 44 . It primarily operates underwater and relies on surface support. These manuals must be submitted to the MARINA for approval. When used for tourism purposes. including detail of their contents. It refers to all other ships not falling under any classes of ship identified under Regulation I/5 paragraph 4. Regulation of SPCraft is embodied in Memorandum Circular No. . SUBMERSIBLE PASSENGER CRAFT (SPCRAFT) Submersible Passenger Craft (SPCraft) is a passenger-carrying mobile vessel for leisure and tourism purposes. 2013 – 02. it shall also be accredited by the Department of Tourism.g a surface ship or shore-based facilities. D. Training Manual and the Maintenance and Servicing Manual.The number of passenger for maximum loading shall be based on the number of permanent seats on board. 9295 and its implementing rules. floating restaurants and tandem push boat. Craft Documentation As required in the Code. and. Submersibles that would be used only for commercial transport of persons and cargo are required to produce the same requirements as any other ship.1 HSC shall be completely manned by Filipino officers and ratings except as authorized by the MARINA. Route Operational Manual. It is classified as a miscellaneous ship under Marina Circular No. and. These are the Craft Operating Manual. Only seats approved by the MARINA in accordance with the requirements of The Code shall be allowed. e. several manuals.

2012 – 06 and its subsequent amendments. refers to a certificate issued by MARINA attesting to the qualification of the holder thereof to serve in a specified capacity and the limitation/s. MARINA 61MARINA Circular No. Pilot 1. Shall be required to secure Certificate of Public Convenience 62 Competence Of Pilot And Asst. AMPHIBIOUS VEHICLE An amphibious vehicle (or simply amphibian). A Minimum Safe Manning Certificate shall also be issued under the provisions of MARINA Memorandum Circular No. 3. E. by the Administration. It shall be registered under the provisions of MARINA Memorandum Circular No. if any. 2012 – 04 and its subsequent amendments 62Pursuant to Republic Act No. The SPCraft Pilot and Assistant Pilot should also be issued a Submersible Passenger Craft Certificate of Competence following the required survey of the craft. After having passed all the requirements of the Company. is a vehicle or craft. 5.61 4. of a Certificate of Competence. 1. It should be issued a Submersible Passenger Craft Safety Certificate (SPCSC) and 3. previously referred as Qualification Document Certificate (QDC)) in MC 164 series of 2001. The Limiting Operational Conditions and the Limiting Environmental Conditions shall be specified. Each SPCraft Pilot and Assistant Pilot should be trained in accordance with the approved training program developed by the Craft Manufacturer and as determined by the Company. The minimum license of a SPCraft Pilot and Assistant Pilot shall be pursuant to the requirements under MARINA Circular No. among other requirements. 2012 – 04 and its subsequent amendments 2. DOCUMENTATION AND DELETION OF SHIPS OPERATING IN PHILIPPINE WATERS. 9295 45 . that is a means of transport. in all aspects necessary to safely operate the SPCraft under normal and emergency situations. viable on land as well as on water 60REVISED RULES FOR THE REGISTRATION. 2013 – 02 and its subsequent amendments prior to its operation. each SPCraft Pilot and Assistant Pilot should be recommended for the issuance.60 2. Domestic-Certificate of Competency (D-COC).

Should the owner or operator of the amphibious vehicle choose to use it as a commercial transport of cargo and/or passengers. he must comply with the additional requirements set forth under RA. 9593 (The Tourism Act of 2009). 46 . he must also comply with the requirements of obtaining a certificate of public convenience under Memorandum Circular No. it is also classified as “Miscellaneous Ship”. Along with submersible crafts.39 (Policy Guidelines on the Issuance Certificates of Public Convenience). If the owner or operator chooses to use the vehicle exclusively for tourist use. Such vehicles necessarily require the same procedure of registration and under the regulation of the same agencies as any ship.