1. AUTHORITY

R.A. 5173, as amended by P.D. 601

2. REFERENCES:

a. Philippine Coast Pilot, 6th Edition, 1995

b. Regulation V/8 of the International Convention for the Safety of Life at Sea, 1974/1978

c. Convention on the International Regulation for Preventing Collision at Sea, 1972 as amended

d. IMO Ship's Routeing System

3. PURPOSE:

This Memorandum Circular prescribes the rules and regulations to be followed by vessels navigating through the Cebu and Malapascua Islands channel to improve the safety of navigation, efficiency of traffic and the protection of marine environment.

4. SCOPE:

These rules and regulations apply to all vessels including ships of war and Philippine government-owned and is optional for fishing vessels, motorized bancas, sailing vessels/yachts.

5. DEFINITION OF TERMS

a. Routeing System

Any system of one or more routes or routeing measures aimed at reducing the risk of casualties; this system includes traffic separation schemes and precautionary areas.

b. Traffic Separation Scheme

A routeing measure aimed at the separation of opposing traffic by appropriate means and by the establishment of traffic lanes.

c. Separation Zone

A zone separating the traffic lanes in which ships are proceeding in opposite or nearly opposite directions.

d. Traffic Lane

An area within defined limits in which one-way traffic is established.

e. Recommended Track

A route, which has been specially examined to ensure as far as possible that it is free of dangers and along which are advised to navigate.

f. Precautionary Area

An area within defined limits where ships must navigate with particular caution.

g. Area to be avoided

An area within defined limits in which either navigation is particularly hazardous and which should be avoided by all ships.

h. Inshore Traffic Zone

Area between the landward boundary of a traffic separation scheme and the adjacent coast.

i. Established direction of traffic flow

A traffic pattern indicating the directional movement of traffic as established within a traffic separation scheme.

6. CONCEPT

a. The Routeing System shall be reflected on the NAMRIA Chart Number 4405 (Visayan Sea 1999 Corrected 3rd Edition)

b. Imaginary lines consisting of a separation zone, traffic lanes and inshore traffic zones shall be established along the channel as described in paragraph 7 (a).

c. The Rules of the Road shall apply in all respects along with the prescribed rules and regulations herein.

d. Notwithstanding paragraph 6 (c), the General Prudential Rule of the Rules of the Road shall take precedence over the prescribed rules and regulations herein.

7. RULES OF PASSAGE:

a. Description of the Traffic Separation Scheme

1. A separation zone, quarter (1/4) nautical mile wide, is bounded by lines connecting the following geographical positions:

Point (A) Lat 110 19' 17" N Long 1240 04' 52" E
Point (B) Lat 110 15' 25" N Long 1240 07' 56" E
Point (C) Lat 110 19' 11" N Long 1240 04' 38" E
Point (D) Lat 110 15' 25" N Long 1240 07' 37" E

2. A traffic lane for northbound traffic, three quarter (3/4) nautical mile wide, is established between the separation zone and a line connecting the following geographical positions:

Point (E) Lat 110 19' 46" N Long 1240 05' 27" E
Point (F) Lat 110 15' 25" N Long 1240 08` 54" E

3. A traffic lane for southbound traffic is established between the separation zone and a line connecting the following geographical positions

Point (G) Lat 110 18' 42" N Long 1240 04' 02" E
Point (H) Lat 110 15' 25'' N Long 1210 06' 38" E

b. Inshore Traffic Zones

1. The area between the northbound traffic lane and the coast between a line drawn from Point (F) to SE tangent of Malapascua Island (11⁰ 19' 45" N 124⁰ 07' 11" E) and a line drawn from Point (E) to LS Malapascua (11⁰ 20' 40" N 124⁰ 06' 35" E) is designated as an inshore traffic zone.

2. The area between the southbound traffic lane and the coast between a line drawn from Point (G) to Tapilon Point and a line drawn from Point (H) to Campatoc Point is designated as an inshore traffic zone.

c. Recommended Track and References

1. Northbound Traffic

Shall start when Campatoc Point bears 270⁰ and shall steer 322⁰ within a three quarter traffic lane until LS Malapascua bears 051⁰ .

2. Southbound Traffic

Shall start when LS Chocolate Island bears 231⁰ and shall steer 142⁰ within a three quarter traffic lane until Campatoc bears 2700

d. 1. The established traffic separation scheme shall be mandatory for all vessels passing through the channel between Cebu and Malapascua Islands for use by day and by night in all weathers.

2. A vessel navigating a traffic separation scheme shall:

a. Proceed within the appropriate traffic lane in the general direction of traffic flow for that lane;

b. Keep as near to the outer boundary of the traffic lane, which lies on her starboard side as is safe and practicable;

c. As far as practicable, keep clear of the traffic separation zone; and

d. Normally join or leave a traffic lane at the termination of the lane, but when joining or leaving from either side, shall do so at as small an angle to the general direction of established traffic flow as practicable.

3. A vessel shall, as far as practicable, avoid crossing traffic lanes, but if obliged to do so shall cross on a heading as nearly as practicable at right angle to the general direction of the traffic flow.

4. (a) A vessel shall not use the designated inshore traffic zone when she can safely use the appropriate traffic lane.  The inshore traffic zone is for vessels optional to pass the traffic lanes.

b) Notwithstanding subparagraph d (i), a vessel may use the inshore traffic zone when en route to or from a place situated within the inshore traffic zone, or to avoid immediate danger.

5. A vessel other than a crossing vessel or a vessel joining or leaving a lane shall not enter the separation zone except in cases of emergency to avoid immediate danger.

6. A vessel navigating in areas near the terminations of the TSS shall do so with particular caution.

7. No vessel shall anchor in, near the TSS, or in areas near its termination.

8. A vessel not using the TSS shall avoid it by as wide as margin as is practicable.

9. Vessels that are not mandatory to navigate within the TSS shall not impede the passage of a power-driven vessel following the established traffic flow of a traffic lane.

10. By Rules 10 (k) and 10 (l) of the COLREGS, a vessel restricted in her ability to maneuver when engaged in an operation for either the maintenance of safety of navigation or the laying, servicing or picking up of a submarine cable within the TSS is exempted from complying with Rule 10 and the rules herein to the extent necessary to carry out the operation.  However, shipmasters/owners/operators, government and non-government entities that may be involved in this operation should ensure that:

a. the Philippine Coast Guard, through its Districts/Stations/Detachments and the Maritime Safety Affairs, shall be informed for the issuance of appropriate Notice to Mariners.  And no operation shall be undertaken until after its issuance and dissemination.

11. Vessels engaged in towing and pushing shall strictly comply with Rule 24 of the COLREGS.

12. No fishing/fishing-related activity shall be allowed within the TSS.

13. When a master of a vessel observes another vessel, not following the prescribed passage rules, shall appropriately use "YG", meaning you appear not to be complying with the traffic separation scheme, as provided in the International Code of Signals.

8. EMERGENCY RULES OF PASSAGE:

a. In cases of emergency, a vessel shall steer towards a safe sea and as far as possible out of the TSS.

b. A vessel not under command shall strictly conform to Rule 27 of COLREGS.

9. RESPONSIBILITIES:

a. All ship masters/owners/operators shall be held responsible for disseminating the rules and regulations prescribed herein.

b. Masters/patrons of ships/vessels shall be held responsible for any loss of life and/or property as may be caused by any deviation or non-compliance with the provisions of this Memorandum Circular.

c. Master/Patron of any vessel observing vessels not following the Rules of Passage shall report/submit a marine protest as soon as possible to the nearest PCG Unit or at the next port of call.

d. PCG units, outside the CGD CEV, receiving the report/marine protest shall immediately forward it to HPCG (Attn: CG-3/CGAC), which in turn shall forward it to HCGD CEV and CG-8.

10. DISPOSITIVE ACTION:

a. Coast Guard District CEV (SBMI) shall investigate all incidents reported/forwarded therein and should recommend the following:

1. First Offense: Suspension of Master/Patron's License for three (3) months;

2. Second Offense: Suspension of Master/Patron's License for one (1) year; and

3. Third Offense: Revocation of the Master/Patron's License

11. EFFECTIVITY:

This Memorandum Circular shall take effect fifteen (15) days after its publication once in a newspaper of general circulation.

Adopted: 12 Aug. 2003


(SGD.) REUBEN S. LISTA
VADM          PCG