Decree of the Minister of Marine and Fisheries No. Kep.10/MEN/2004 on Fishery Port

FISHERY PORT (Decree of Minister of Marine and Fisheries No. Kep.l0/MEN/2004 dated February 24, 2004) THE MINISTER OF MARINE AND FISHERIES, Considering: a. that, Fishery Port has an important and strategic role to support the increase of fishery production, to acceler ate traffic flow of fishing boats, to encourage economic growth of fishery society, and to accelerate service for all activities In the fishery business; b. that, in the framework of the operation of Fishery Port to become more effective and successful to implement its role as mentioned in paragraph (a), it is necessaryto stipulate rules on Fishery Port in a Ministerial Decree. In View of: 1. Law No. 9/1985 on Fishery Port (Statute Book of 1985 No. 46, Supplement to Statute Book No. 3229); 2. Law No. 23/1997 on Environmental Treatment (Statute Book of 1997 No. 68, Supplement to Statute Book No. 3699); 3. Government Regulation No. 69/2001 on Port Affairs (Statute Book of 2001 No. 127, Supplement to Statute Book No. 4145); 4. Government Regulation No. 54/2002 on Fishery Busi ness (Statute Book of 2002 No. 100, Supplement to Stat ute Book No. 4230); 5. Government Regulation No. 62/2002 on Tariff of Non Tax State Revenues Applicable Within the Department of Manne and Fisheries (Statute Book of 2002 No. 118, Supplement to Statute Book No. 4241); 6. Presidential Decree No. 228/M/2001; 7. Presidential Decree No. 102/2001 on Status, Duties, Functions, Authorities, Organizational Structures, and Work Procedures of the Departments as amended by Presidential Decree No. 45/2002; 8. Presidential Decree No. 109/2001 on Units of Organiza Business News 1086/16-7-2004 tion and Duties of Echelons I of the Departments as amended by Presidential Decree No. 47/2002; 9. Decree of the Minister of Marine and Fisheries No. KEP.26.I/MEN/2001 on Organization and Work Proce dure of Fishery Port; 10.Decree of the MOmister of Marine and Fisheries No. J<EP.24/MEN/2002 on Procedure and Techniques for the Arrangement of Laws in the Department of Marine and Fisheries; 11.Decree of the Minister of Marine and Fisheries No. KEP.05/MEN/2003 on Organization and Work Procedure of the Department of Marine and Fisheries; 12.Decree of the Minister of Marine and Fisheries No. KEP.1O/MEN/2003 on Licensefor FishCatching Business; 13.Decree of the Minister of Marine and Fisheries No. KEP.02/MEN/2004 on Licensefor Fish Breeding Business. DECIDES: To stipulate: DECREE OFTHE MINISTER OF MARINE AND FISHERIES ON FISHERY PORT. CHAPTER I GENERAL PROVISIONS Article 1 Hereinafter referred to as: 1. Fishery is all activities relating to the management and utilization of fish resources. 2. Fishery Port is a place consisting of land and waters around it with borders as places of government admin istration and fishery business system utilized as moor ing & anchoring places of fishing boats and/or loading . and unloading of fish completed with facilities for ma rine safety and activities to support Fishery Port. 3. Fish Catching is an activity intended to acquire fish in the waters, uncultivated by means of an instrument or any other method whatsoever, including activity. using vessel to load, transport, store, freeze, or preserve fish. 4. Ocean Fishery Port, which is hereinafter called "PPS", is Fishery Port Class A with scale of service including, at least, fishery business in the territorial waters, Indone sian Exclusive Economic Zone, and international waters. 5. Indonesian Fishery Port, which is hereinafter called "PPN", is Fishery Port Class B with scale of service in cluding, at least, fishery business in the territorial wa ters and Indonesian Exclusive Economic Zone. 6. Coastal Fishery Port, which is hereinafter called "PPP", is Fishery Port Class-C with scale of service including, at least fishery business in the interior waters, archipelago waters, territorial waters, and Indonesian Exclusive Eco nomic Zone. 7. Fish Landing Base, which is hereinafter called "PPI", is Fishery Port Class D with scale of service including, at least, fishery business in the interior waters and archi pelago waters. 8. laCilities of Fishery Port are the facilities and infrastruc tures available at the Fishery port to support the opera tion of the port. 9. Maintenance is all efforts intended to optimize the use and function of Fishery Port. 10. Fishery Processing Area is the Indonesian Waters and Indonesian Exclusive Economic Zone 11. Fishing Boat is a vessel or boat or other floating instru ment used to catch fish and to conduct survey and ex ploration. 12. Minister IS the Minister responsible in the field of fish ery. 13.Government IS the Central Government. 14. Regional Government is the Government of a Province or Regency/Municipality. Business News 7086/16-7-2004 15.Director General is the Director General for Fish Catch. CHAPTER. II SCOPE Article 2 The scope of operation of Fishery Port as a fish ery infrastructure consists of location planning and desig nation, operation, business, maintenance, supervision, and control: CHAPTER III STATUS, DUTIES, AND FUNCTIONS Article 3 (1) Fishery Port is constructed by: a. The Government; b. The Provincial Government; and c. The Regental/Municipal Government, (2)The Fishery Port constructed by the Government as mentioned in paragraph (1) clause a is a technical implementation unit of the Government reporting to the Director General. (3) The Fishery Port constructed by the. Provincial Govern ment as mentioned in paragraph (1 )c1al.is~ I.' reports to the Governor. (4) The Fishery Port constructed by the Regental/Munici pal Government as mentioned in paragraph (1) clause c reports to the Regent/Mayor. Article 4 (l)Fishery Port, other than being constructed by the Gov ernment, Prdvincial Government, and Regental/Munici pal Government as mentioned in Article 3/ may also be constructed by an Indonesian Fishery Company pos sessing Fishery~ Business License (IUP). (2) Fishery Port constructed by an Indonesian Fishery Com pany as mentioned in paragraph (1), other than pro viding services for the interest of self; may also pro vide fishery .services; in general, with the approval of the Director General. (3)The requirements and procedure of grant of the approval as mentioned. in paragraph (2) will be,stipulatedby the Director General. (4) Fishery Port constructed by anIndonesian Fishery Com pany shall report to the Director General. (5) In his or her daily routine, the Direotor' General' may delegate the Provincial or Regental/'MuniCipal Agency responsible in the field of fishery. Article 5 (1) The fishery Port as mentioned in Article 4 must oper ate functions of a Fishery Port and must facilitate the operation of government administrative functions in ac cordance with the laws in force. (2) The operation of the functions of Fishery Port and gov ernment administration as mentioned in paragraph (1) will be further stipulated by the Director General. Article 6 The Fishery Port, as mentioned in Article 3 and Article 4 paragraph (1) shall have duty to facilitate pro duction, handling & processing, Quality Control & Super vision, marketing of fishery products in the respective area, to facilitate & develop fishers, to control & supervise the utilization of fish resources, to facilitate smooth operation of fishing boats, and to facilitate data collection. Article 7 In performing the duties as mentioned in Article 6, Fishery Port shall operate functions as the following: a. Planning, development, maintenance, and utilization of facilities of Fishery Port; b. Technical services for fishing boats; c. Coordination of the implementation of safety, order, and cleanliness in the areas of the fishery port; d. Development and facil.itation for the empowerment of fishery society; e. Facilitation and coordination in the respective area for the improvement of production, distribution, and mar keting of fishery products; f. Supcrv.ston over catching, handling, processing, mar keting/ and quality of fishery products; Business News 7086/16-7-2004 g. Collecting, processing, and provision of data and sta tisticsertfishery; h. Development and managefnent13f'systern of informa tion and publication of results of research, production, and marketing offishery products in the respective area; i. Monitoring over coastal area and facilitation of marine tourism; j. Implementation of administrative and internal affairs. CHAPTER IV PLANNING Article' 8 The planning of Fishery Port as mentioned in Ar ticle 2 consists of designation of national Mother Plan, designation cif classifications of port that will be con structed, designation of certain water and land territories that will become areas of work ;mrl interest. Article 9 (1) The Minister shall stipulate the national Mother Plan consisting Of plan on the construction of Fishery Port in short, medium, and long term. (2)The plan to construct Fishery Port must consider: a. Fish resource potentiality and management; b. Human resource potentiality; c. Support to regional and national economic devel opment; d. General Plan on National Spatial Arrangement; e. General Plan on Provincial/Regental/Municipal Spa tial Arrangement: (3)The national Mother Plan shall be stipulated and checked once in every 3 (three) months and can be reviewed before 3 years based on requirements ac- . cording to aspiration and economic development in the field of fishery of every region Article 10 (1) The classifications of Fishery Port, as mentioned in Ar ticle 3 paragraph (1) consist of: a. PPS; b. PPN; c. PPP; d. PPI. (2)The classifications of PPS as mentioned in paragraph (1) clause a shall be determined based on the follow inq technical criteria: a. Serving fishing boats operating in the territorial wa ters, Indonesian Exclusive Economic Zone, and in ternational waters; b. Having mooring & anchoring facilities for fishing boats with at least 60 Gross Tonnage (GT); c. Having length of pier of at least 300 m with a depth of pool of at least minus 3 m; d. Being able to actommodate at least 100 fishing boats or a total of at least 6,000 GT at once; e. Total fish landed is averagely 60 tons/day; f. Part of the landed fish is for export; g. Having an area of at least 30 Ha; h. Having a laboratory to examine quality of fishery products; and i. Having fishery industry. (3) The classifications of PPN as mentioned in paragraph (l) ciause b shall be determined based on the follow ing technical criteria: a. Serving fishing boats operating in the territorial wa ters and Indonesian Exclusive Economic Zone; b. Having mooring & anchoring facilities for fishing boats with at least 30 Gross Tonnage (GT); c. Having length of pier of at least 150 m with a depth of pool of at least minus 3 m; d. Being able to accommodate at least 75 fishing boats or a total of at least 2,250 GT at once; e. Total fish landed is averagely 30 tons/day; f. Part of the landed fish is for export; g. Having an area of at least 15 Ha; h. Having a laboratory to examine quality of fishery products; and i. Having fishery industry. (4) The classifications of PPP as mentioned in paragraph (1) clause c shall be determined based on the follow ing technical criteria: a. Serving fishing boats operating in the interior wa ters, archipelago waters, territorial waters, and In donesian Exclusive Economic Zone; b. Having mooring & anchoring facilities for fishing boats with at least 10 Gross Tonnage (GT); Business News 7086/16-7-2004 c. Having length of pier of at least 100 m with a depth of pool of at least minus 2 m; d. Being able to accommodate at least 30 fishing boats or a total of at least 300 GT at once; and e. Having an area of at least 5 Ha. (5)The classifications of PPI as mentioned in paragraph (1) clause d shall be determined based on the follow ing technical criteria: a. Serving fishing boats operating in the interior and archipelago waters; b. Having mooring & anchoring facilities for fishing boats with at least 3 Gross Tonnage (GT); c. Having length of pier of at least 50 m with a depth of pool of at least minus 2 m; d. Being able to accommodate at least 20 fishing boats or a total of at least 60 GT at once; and e. Having an area of at least 2 Ha. (6 )"Fishery Port constructed by an Indonesian Fishery Com pany shall be treated the same with the classifications of Fishery Port as mentioned in paragraphs (2), (3), (4), and (5). Article 11 (1) The classes of the Fishery Ports as mentioned in Ar ticle 10 paragraph (1) clauses b, c, and d can be im proved in accordance with the determined technical criteria. (2) The improvement of class of Fishery Port constructed by the Regental/Municipal Government shall be pro posed by the Regent/Mayor to the Minister via the Di rector General. (3) The improvement of class of Fishery Port constructed by the Provincial Government shall be proposed by the Governor to the Minister via the Director General. (4)The improvement of class of the Fishery Ports as men tioned in paragraphs (1), (2), and (3) shall be pro posed by the Director General to the Minister. (5)The improvement of class of Fishery Port constructed by an Indonesian Fishery Company shall be proposed by the respective company to the Minister via the Di rector General at the recommendation of the Regent! Mayor where the port has its domicile. (6) Procedure .ror proposal for the improvement of class as mentioned in paragraph (1) will be further stipu lated by the Director General. Article 12 (1) Work area of a Fishery Port consists of land and water territories used directly for the operation of the Fish ery Port. (2)The land territory of the Fishery Port consists of land territory for the operation of main facility, functional facility, and supporting facilities, amongst others, for the loading of fish, auction sale, packaging, fishery in dustry area, supply service area, fishing boat mainte nance, and other general facilities in the area of the Fishery Port. (3) The work area of the Fishery Port covers water territo ries for the operation of service channel, placement of naviqation signs, mooring & anchoring place, place for commodity loading from one to another fishing boat, movement of fishing boats, and maintenance of fish ing boats. (4)The area of interest of fishery Port covers land and water territories having direct impact on the opera tional development of the Fishery Port, including ac cess to the Fishery Port and fishers' residential areas. (5)The areas of work and interest of Fishery Port will be stipulated by the Minister based on approval of the Reqronal Government. (6)The work area of Fishery Port with joint interest with another institution will be stipulated by the Minister and the said institution. CHAPTER V THE CONSTRUCTION OF FISHERY PORT Article 13 ( 1) The designation of location for the construction of Fish Business News 7086/16-7-2004 ery Port shall refer to the national Mother Plan as men tioned in Article 8 and Article 9 paragraph (1) and the technical quideltnes for the construction of Fishery Port as stipulated by the Minister. (2)The construction of Fishery Port must go through Study, Investigation, Design, Construction, Operation, and Maintenance (SIDCOM) stages. (3) Guidelines for the implementation of the stages as men tioned in paragraph (2) will be further stipulated by the Director General. Article 14 (l)The construction of Fishery Port must obtain prior ap proval of the Director General. (2)The Provincial or Regental/Municipal Government that will construct Fishery Port must submit a request for approval to the Director General. (3)An Indonesian fishery Company that will construct Fish ery Port must submit a request for approval to the Di rector General at the recommendation of the Regional Government according to the plan on location for the construction of Fishery Port. (4) The requirements and procedure to obtain the approval as mentioned in paragraphs (2) and (3) will be further stipulated by the Director General. Article 15 (1) The facilities of Fishery Port consist of main facilities, functional facilities, and supporting facilities. (2)The main facilities as mentioned in paragraph (1), are, amongst others: a. Protecting facilities, such as breakwater revetment and groin; b. Mooring facilities, such as pier and jetty; c. Water facilities, such as pool and navigation chan nel; d. Connecting facilities, such as roads, drainage sys tem, water channel, bridge; and e. Areas, such as area of Fishery Port. 8) The ..... (3)The functional facilities as mentioned in paragraph (1) are, amongst others: a. Facility for the marketing of fishery products, such as Fish Auction Place (TPI) and Fish Market; b. Navigational and communications facilities, such as telephone, Internet, SSB, signs, lighthouse, and . monitoring tower; c. Facilities to supply clean water, ice, electricity, and fuel; d. Facilities for the maintenance of vessels and fish catching apparatus, such as dock/slipway, repair shop, and place for net repair; e. Facilities for the handling and processing of fishery products, such as transit sheed and quality devel opment laboratory; f. Office facilities, such as administrative office of the port and other private offices; . g. Transportations facilities, such as fish and ice trans porting instruments; and h. Waste treatment facilities, such as IPAL. (4) Supporting facilities, as mentioned in paragraph (1), are, amongst others: a. Facilities for the development of fishers, such as Fishers' Conference Hall; b. Port managing facilities, such as operator's mess, security post, and integrated Service Post; c. Social and public facilities, such as Place for Ac commodation of Fishers, place of worship, bath room, Guest House, and stalls; and d. Science and Technology Stall. (S)The technical specifications of the facilities as men tioned in paragraphs (2), (3), and (4) will be further stipulated by the Director General. CHAPTER VI OPERATION Article 16 (1) Fishery Port which has been constructed and will oper ate must obtain prior approval for operation of Fishery Port from the' Director General. (2)The Provincial or Regental/Municipal Government that will operate Fishery Port must submit request for ap proval to the Director General. Business News 7086/16-7-2004 (3)The approval as mentioned in paragraph (1) will be granted after the requirements and technical guide lines for the operation of Fishery Port stipulated by the Director General have been fulfilled. (4) The approval for the operation of Fishery Port con structed and/or managed by an Indonesian Fishery Company shall be granted after fulfillment of the re quirements as mentioned in paragraph (2) accompa nied with recommendation of the Regional Government. Article 17 (l)A Fishery Port, which is operating, must accommodate . the functions of government administration consisting of: a. Marine safety; b. Safety and order; c. Customs and Excise for Fishery Ports which are open for international trading; d. Immigrations for Fishery Ports open for international . trading; e. Development of quality of fishery products; f. Fish resource supervisor; g. Health; and h. Other matters related to Fishery Port. (2)Fishery Post must provide facilities forthe operation of the functions of government administration as men tioned in paragraph (1). (3 )Head of Fishery Port shall act as coordinator in the operation of Fishery Port and shall stipulate' standard operational procedure for the Fishery Port. (4) The operation of the functions of government adminis tration of Fishery Port constructed by an Indonesian Fishery Company shall be ruled and stipulated by the Director General. (5) Procedure of work relation of Fishery Port and the re lated institution will be further stipulated by the Minis ter. CHAPTER VII BUSINESS Article ..... Article 18 (1) Fishery Port, which is constructed and operated by the Government or Regional Government, can be organized to receive Non-Tax State Revenues (PNBP) and Regional Revenues (PAD). (2) Fishery Port, which is constructed and operated by an Indonesian Fishery Company, can be organized with reference to the rules stipulated by the Minister. (3) The business of Fishery Port as mentioned in paragraph (1) consists of: a. Lease of permanent facilities, amongst others: Land lease; Lease of buildings; Lease of Cold Storage; Lease of equipment. b. Other services, amongst others: Boat services; Instrument and equipment services; Fulfillment of supplies for fishing boats; Fish auction service; Entrance and parking pass; Quality control service; Other services. (4) The lease and the services as mentioned in paragraph (3) shall be imposed with cost of lease or cost of ser vice. (5) Procedure for collection and designation of the cost of lease and cost of service as mentioned in paragraph (4) will be stipulated in accordance with the laws in force. Article 19 (1) Every person or corporate body must maintain facili ties of the Fishery Port in use. (2)In the case that the said person or corporate body, as a result of its action or failure, has caused damage to the facilities, it will be imposed to pay indemnity. (3)The amount of the indemnity as mentioned in para graph (2) will be determined according to the amount Business News 7086/16-7-2004 of cost of repair of those facilities. (4 )The person or the corporate body as mentioned in para graph (2) must deliver a guarantee to Head of the Fish ery Port prior to the repair. CHAPTER VIII CONTROL AND SUPERVISION Article 20 (1) Operator of Fishery Port must report its operation ev ery month to the Minister via the Director General cc the Governor or Regent/Mayor. (2) Procedure for the reporting as mentioned in paragraph (1) will be further stipulated by the Director General. CHAPTER IX OTHER PROVISIONS Article 21 (1) The Director General shall conduct technical develop ment for the operation of Fishery Port as mentioned in Article 3 paragraph (1) and Article 4 paragraph (1). (2)The operator of Fishery Port shall train the community around the Port in the effort to improve business and to manage fish resources. (3) Every fish catching and/or transporting vessel must en ter Fishery Port which has been designated as Base Port and has been contained in the SPI or SIKPI, or as Transit Port. CHAPTER X CLOSING Article 22 This Decree shall come into effect from the date of stipulation. Stipulated in Jakarta On February 24, 2004 MINISTER OF MARINE AND FISHERIES Sgd ROKHMIN DAHURI ===( E )===