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/INTERNA…

National Administrative Register October 7, 2002
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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 attached as Annex “A[1], 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 representative.  A pro-forma letter-application form (Annex “B[2]) shall be provided by the MARINA for this purpose.

Consequently, the Certificate of Inspection (CI) to be issued shall be in the format herein attached as Annex “C[3]“.

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 below

P
50/day of operation but not to exceed P 10,000.00 + non- operation of
the ship/suspension of CPC/PA/SP until renewal thereof or for a period
of 30 days, whichever is longer;

P100/day
of operation but not to exceed P 15,000.00 + non- operation of the
ship/ suspension of CPC/PA/SP until renewal thereof or for a period of
90 days whichever is longer;

P 100/day of operation but not to exceed P20,000.00 + revocation/cancellation of CPC/PA/SP;

? Over 35 – 100GT

P
100/day of operation but not to exceed P 25,000.00 + non-operation of
the ship/ revocation/cancellation of CPC/ PA/SP until renewal thereof or
for a period of 30 days, whichever is longer;

P
150/day of operation but not to exceed P 35,000.00 + non- operation of
the ship/suspension of CPC/PA/SP until renewal thereof or for a period
of 90 days whichever is longer;

P 200/day of operation but not to exceed P50,000.00 + revocation/cancellation of CPC/PA/SP;

? Over 100 – 250 GT

P250/day
of operation but not to exceed P50,000.00+ non-operation of the ship/
suspension of CPC/PA/SP until renewal thereof or for a period of 30
days, whichever is longer;

P300/day
of operation but not to exceed P75,000.00 + non-operation of the ship/
suspension of CPC/PA/SP until renewal thereof or for a period of 90
days, whichever is longer;

P500/day of operation but not to exceed P100,000.00 + revocation/cancellation of CPC/PA/SP;

? Over 250 – 500 GT

P
500/day of operation but not to exceed P100,000.00+ non-operation of
the ship/ suspension of CPC/PA/SP until renewal thereof or for a period
of 30 days, whichever is longer;

P
750/day of operation but not to exceed P150,000.00+ non-operation of
the ship/ suspension of CPC/PA/SP until renewal thereof for a period of
90 days, whichever is longer;

P1 000/day of operation but not to exceed, P200,000.00 + revocation/cancellation of CPC/PA/SP;

? Over 500 – 1000 GT

P750/day
of operation but not to exceed P150,000.00 + non-operation of the ship/
suspension of CPC/PA/SP until renewal thereof or for a period of 30
days, whichever is longer;

P1,500/day
of operation but not to exceed P200,000.00+ non-operation of the
ship/suspension of CPC/PA/SP until renewal thereof or for a period of 90
days, whichever is longer;

P2,000/day of operation but not to exceed P300,000.00+ revocation/cancellation of CPC/PA/SP;

? Over 1000-1600 GT

P1,000/day
of operation but not to exceed P200,000.00+ non-operation of the ship/
suspension of CPC/PA/SP until renewal thereof or for a period of 30
days, whichever is longer;

P2,000/day
of operation but not to exceed P300,000.00+ non-operation of the ship/
suspension of CPC/PA/SP until renewal thereof for a period of 90 days,
whichever is longer;

P3,000/day of operation but not to exceed P400,000.00 + revocation/cancellation of CPC/PA/SP;

? Over 1600 GT & Above

P1,500/day
of operation but not to exceed P300,000.00 + non-operation of the ship/
suspension of CPC/PA/SP until renewal thereof or for a period of 30
days, whichever is longer;

P3,000/day
of operation but not to exceed P400,000.00+ non-operation of the
ship/suspension of CPC/PA/SP until renewal thereof or for a period of 90
days, whichever is longer;

P 5,000/day of operation but not to exceed P500,000.00+ revocation/cancellation of CPC/PA/SP;

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.

 

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