1. Authority

1.1 Section 6 (a), (ii), (iii), (v) and 20 of P.D. 857
1.2 Section 12 of PPA AO No.03-85

2. Scope

This Order shall cover all foreign and domestic vessel with 1,000 gross registered tonnage (GRT) and above which dock/undock at the baseport of Pulupandan and at other ports within the jurisdiction of PMO-Pulupandan.

3. Objective

To protect government port facilities and to ensure the safe maneuvering of vessels at the baseport of Pulupandan and at other ports within the jurisdiction of PMO-Pulupandan, through the use of tugs.

4. Guidelines

4.1 Responsibility for Ensuring Availability of Tug Assistance

The Authority (PPA) shall provide tug assistance service by authorizing shipping companies or private entities to provide such service on a non-exclusive basis.

4.2 Permit to Operate Tug Assistance

4.2.1 Only tug operators with a valid Permit to Operate (PTO) issued by PMO-Pulupandan shall be allowed to render tug assistance service, subject to such terms and conditions as it may deem proper, in addition to the requirements of other agencies. The tugboat operator shall provide the equipment needed to render efficient service.

4.2.2 Tugboat towing barges/lighters are exempted from the above required annual permit when utilized solely for their own barges/lighters. Otherwise, the above permit is required when servicing other vessels for purposes of this regulation.

4.3 Table of Tug Requirements

Tug assistance requirements shall be determined on the basis of the gross registered tons (GRT) of the vessels and capacity (HP) of the tugs in accordance with the following specifications:

                                       

Vessel Tonnage	Tugboat Capacity
1,000-5,000 GRT	500 HP tug or equivalent
5,001-10,000 GRT	700 HP tug or equivalent
10,001 above	1,000 HP tug or equivalent

4.3.1 Provided, that the Master of a vessel may opt to avail tug assistance on vessel with less than 1,000 GRT, depending on the prevailing weather condition.

4.3.2 Provided, further, that vessels with both functional and stern side thrusters of sufficient capacity are exempted from the above tug requirement. Vessels with functional bow thrusters only are required to have fifty (50%) percent of the above tug horsepower.

4.3.3 Non-propelled vessels such as barges/lighters are likewise exempted from the above requirement. Except during inclement weather situation where tug assistance is really necessary for the safety of docking/undocking. However, they are still required to maintain their own tugboat's while at berth in accordance with PPA Memorandum Circular No.22-86.

4.3.4 In no case shall any vessel of 1,000 GRT and above be allowed to dock/undock at the ports within the baseport of Pulupandan without the above specified tug assistance. For other ports within the jurisdiction of PMO-Pulupandan, the same tugboat horsepower requirements shall be followed when any of the conditions provided for in Section 12 of PPA AO No.03-85 necessitating compulsory tug assistance is present.

4.4 Rates for Tug Services

Consistent with existing applicable laws, the Authority shall prescribe fees and rates for tug assistance in consultation with port users concerned. In the absence of applicable fees, the rates chargeable shall be those that are agreed upon between the shipping company and the tugboat operator. In case of disagreement between them, the Authority shall determine the rates.

4.5 Liability for Damages to Port Facilities

Any damage caused to port facilities by vessels under tug assistance service shall be the liability of the party/ies declared at fault, as determined under existing applicable laws.

5. Separability Clause

If for any reason, any section or part of this order is declared unconstitutional or invalid by competent Authority, the declared or invalid section or part thereof shall not affect the other sections or parts to which such declaration or nullity does not apply or relate.

6. Repealing Clause

All PPA orders which are inconsistent herewith are hereby repealed or amended accordingly.

7. Effectivity

This Order shall take effect fifteen (15) days after its publication in any newspaper of general circulation.

Adopted: 17 Feb. 2005

(SGD.) ATTY. OSCAR M. SEVILLA
General Manager