Marina Memorandum Circular No. 179 (2002)

(NAR) VOL. 13 NOS. 1-4 / OCTOBER-DECEMBER 2002

[ MARINA MEMORANDUM CIRCULAR NO. 179, S. 2002, October 07, 2002 ]

ISSUANCE OF THE MINIMUM SAFE MANNING CERTIFICATE FOR PHILIPPINE-REGISTERED SHIPS/FISHING VESSELS OPERATING IN PHILIPPINE WATERS OR TEMPORARILY UTILIZED IN OVERSEAS TRADE/INTERNATIONAL WATERS

Pursuant to the provisions of Presidential Decree No. 474, The Tariff and Customs Code of the Philippines and Executive Order No. 125, as amended, the following are hereby adopted and prescribed:

I. Objective In order to foster more specific implementation of MARINA Memorandum Circular No. 148 by way of a safety document issued providing therein a clear and specific listing of the required minimum manning levels of officers, crew and ratings for a particular ship, with their corresponding position and license/qualifications.

II. General Provision 1. All Philippine-registered ships/fishing vessels operating in Philippine waters, or temporarily utilized in overseas trade/international waters, shall henceforth be required to secure a Minimum Safe Manning Certificate.

2. The Minimum Safe Manning Certificate, in the prescribed format as herein [1] attached as Annex "A , shall provide the basis by which to determine whether a ship is safely manned when proceeding to sea.

3. 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, indicating therein such needed information as ship’s name, owner/operator, ship and rig type, tonnage and break horsepower, port of registry, IMO and Official Number, crew list, etc., and to be duly signed/certified by the applicant’s duly authorized [2] representative. A pro-forma letter-application form (Annex “B ) shall be provided by the MARINA for this purpose. Consequently, the Certificate of Inspection (CI) to be issued shall be in the format [3] herein attached as Annex "C ".

4. The filing fees for the issuance of Minimum Safe Manning Certificate are as follows:1. Issuance/Renewal, per ship: ? Ship Over 1600 GT and Above — P1,500.00 ?Ship Over 1000 to 1600 GT — 1,250.00 ? Ship Over 500 to 1000 GT — 1,000.00 ?Ship Over 250 to 500 GT — 750.00 ?Ship Over 100 to 250 GT — 500.00 ?Ship Over 35 GT to 100 GT — 250.00 ?Ship 35 GT and below — 100.00 2. Re-issuance, per ship — 100.00 5. The Minimum Safe Manning Certificate shall be valid for a maximum period of five (5) years, unless, during the period of validity, alteration(s) on the ship is undertaken, and/or when a ship/fishing vessel shall temporarily operate in overseas trade/international waters, for which a new Certificate would need to be applied for immediately, and prior to operation.

III. ADMINISTRATIVE PENALTIES/SANCTIONS

Shipping companies/operators who shall violate or fail to comply with this Circular shall be subject to the following administrative fines and/or penalties after summary proceedings:

a. Ships operating without Manning Certificate, after thirty (30) days from the effectivity of this Circular: Size of Ship First Violation ? 35 GT and below P100/day of operation but not to exceed P20,000.00 + non-operation of the ship/suspension of CPC/PA/SP until compliance thereof. ? Over 35 - 100 GT P200/day of operation but not to exceed P50,000.00 + non-operation of the ship/ suspension of CPC/PA/SP until compliance thereof; ? Over 100 - 250 GT P500/day of operation but not to exceed P 100,000.00 + non-operation of the ship/suspension of CPC/PA/SP until compliance thereof; ? Over 250 - 500 GT P1,000/day of operation but not to exceed P200,000.00 + non-operation of the ship/suspension of CPC/PA/SP until compliance thereof; ? Over 500 - 1000 GT P2,000/day of operation but not to exceed P300,000.00 + non-operation of the ship/suspension of CPC/PA/SP until compliance thereof; ? Over 1000 - 1600 GT P3,000/day of operation but not to exceed P400,000.00 + non-operation of the ship/suspension of CPC/PA/SP until compliance thereof; ? Over 1600 GT & Above P5,000/day of operation but not to exceed P 500,000.00 + non-operation of the ship/suspension of CPC/PA/SP until compliance thereof;

b. Ships operating with expired Manning Certificate:Size of Ship First Violation Second Violation Third Violation ? 35 GT and P 50/day of operation but P100/day of operation P 100/day of operation but below not to exceed P 10,000.00 + but not to exceed P not to exceed P20,000.00 + non- operation of the 15,000.00 + non- revocation/cancellation of ship/suspension of operation of the ship/ CPC/PA/SP; CPC/PA/SP until renewal suspension of thereof or for a period of 30 CPC/PA/SP until days, whichever is longer; renewal thereof or for a period of 90 days whichever is longer; ? Over 35 - P 100/day of operation but P 150/day of operation P 200/day of operation but 100GT not to exceed P 25,000.00 + but not to exceed P not to exceed P50,000.00 + non-operation of the ship/ 35,000.00 + non- revocation/cancellation of revocation/cancellation of operation of the CPC/PA/SP; CPC/ PA/SP until renewal ship/suspension of thereof or for a period of 30 CPC/PA/SP until days, whichever is longer; renewal thereof or for a period of 90 days whichever is longer; ? Over 100 - 250 P250/day of operation but P300/day of operation P500/day of operation but GT not to exceed P50,000.00+ but not to exceed not to exceed P100,000.00 non-operation of the ship/ P75,000.00 + non- + revocation/cancellation suspension of CPC/PA/SP operation of the ship/ of CPC/PA/SP; until renewal thereof or for suspension of a period of 30 days, CPC/PA/SP until whichever is longer; renewal thereof or for a period of 90 days, whichever is longer; ? Over 250 - 500 P 500/day of operation but P 750/day of operation P1 000/day of operation but GT not to exceed P100,000.00+ but not to exceed not to exceed, P200,000.00 non-operation of the ship/ P150,000.00+ non- + revocation/cancellation suspension of CPC/PA/SP operation of the ship/ of CPC/PA/SP; until renewal thereof or for suspension of a period of 30 days, CPC/PA/SP until whichever is longer; renewal thereof for a period of 90 days, whichever is longer; ? Over 500 - 1000 P750/day of operation but P1,500/day of P2,000/day of operation but GT not to exceed P150,000.00 operation but not to not to exceed + non-operation of the ship/ exceed P200,000.00+ P300,000.00+ suspension of CPC/PA/SP non-operation of the revocation/cancellation of until renewal thereof or for ship/suspension of CPC/PA/SP; a period of 30 days, CPC/PA/SP until whichever is longer; renewal thereof or for a period of 90 days, whichever is longer; ? Over 1000-1600 P1,000/day of operation but P2,000/day of P3,000/day of operation but GT not to exceed P200,000.00+ operation but not to not to exceed P400,000.00 non-operation of the ship/ exceed P300,000.00+ + revocation/cancellation suspension of CPC/PA/SP non-operation of the of CPC/PA/SP; until renewal thereof or for ship/ suspension of a period of 30 days, CPC/PA/SP until whichever is longer; renewal thereof for a period of 90 days, whichever is longer; ? Over 1600 GT & P1,500/day of operation but P3,000/day of P 5,000/day of operation Above not to exceed P300,000.00 operation but not to but not to exceed + non-operation of the ship/ exceed P400,000.00+ P500,000.00+ suspension of CPC/PA/SP non-operation of the revocation/cancellation of until renewal thereof or for ship/suspension of CPC/PA/SP; a period of 30 days, CPC/PA/SP until whichever is longer; renewal thereof or fora period of 90 days, whichever is longer;

IV. REPEALING CLAUSE

Any provision of the PMMRR 1997, as amended, and MARINA Memorandum Circulars and issuances which are inconsistent herewith are hereby repealed or modified accordingly.

V. EFFECTIVITY

This Memorandum Circular shall be published once in a newspaper of general circulation in the Philippines and shall take effect fifteen (5) days after publication. Adopted: 07 Oct. 2002 BY THE AUTHORITY OF THE MARINA BOARD:

(SGD.) ATTY. OSCAR M. SEVILLA Administrator [1] Text Available at Office of the National Administrative Register, U.P. Law Center, Diliman, Quezon City. [2] Text Available at Office of the National Administrative Register, U.P. Law Center, Diliman, Quezon City. [3] Text Available at Office of the National Administrative Register, U.P. Law Center, Diliman, Quezon City.