Regulation of Minister of Marine and Fishery No. 1/PERMEN-KP/2015 regulating the catching of Lobster (Panulirus Spp.), Crab (Scylla Spp.) and Small Crab (Portunus Spp.)

GOVERNMENT REGULATIONS THE CATCHING OF LOBSTER (PANULIRUS SPP.), CRAB (SCYLLA SPP.), AND SMALL CRAB (PORTUNUS PELAGICUS SPP.) (Regulation of the Minister of Marine and Fishery Number 1/PERMEN-KP/2015. Dated January 6, 2015) BY GRACE OF GOD THE ALMIGHTY Fishery (Statute Book of the Republic of Indonesia THE MINISTER OF MARINE AND FISHERY OF Year 2009 Number 154, Supplement to Statute THE REPUBLIC OF INDONESIA Book of the Republic of Indonesia Number 5073); 2 Presidential Regulation Number 47 Year 2009 on Considering: the Establishment and Organization of State Min a. that the existence and availability of Lobster (Pan istries as already amended several times and the ulirus spp.), Crab (Scylla spp.), and Small Crab latest by Presidential Regulation Number 13 Year (Portunus pelagicus spp.) have decreased in pop 2014 (Statute Book of the Republic of Indonesia ulation so as to need to restrict the catching of Year 2014 Number 24); Lobster (Panulirus spp.), Crab (Scylla spp.), and 3. Presidential Regulation Number 24 Year 2010 on Small Crab (Portunus pelagicus spp.); b. that in relations thereto, it is necessary to stipulate a regulation of the Minister of Marine and Fishery on the Catching of Lobster (Panulirus spP.), Crab (Scylla spp.), and Small Crab (Portunus pelagicus spp.); In view of: 4 1. Law Number 31 Year 2004 on Fishery (Statute Book of the Republic of Indonesia Year 2004 Number 118, Supplement to Statute Book of the Republic of Indonesia Number 4433) as already Status, Tasks and Functions of State Ministries as well as First-echelon Organizational Struc tures, Tasks and Functions of State Ministries as already amended several times and the latest by Presidential Regulation Number 80 Year 2014 (Statute Book of the Republic of Indonesia Year 2014 Number 189); Presidential Regulation Number 165 Year 2014 on the Arrangement of Tasks and Functions of Work Cabinet (Statute Book of the Republic of Indonesia Year 2014 Number 339); 5. Presidential Decree Number 121/P Year 2014 on amended by Law Number 45 Year 2009 regarding the Establishment of Ministries and Appointment 'the Amendment to Law Number 31 Year 2004 on of Ministers of Work Cabinet for the 2014-2019 42 Business News 8743-8744/8-26-2015 Number shall be amended as follows: 1. The provision of Article 17 paragraph (1) is Article II amended so as to read as follows: The ministerial regulation shall come into Article 17 force as from the date of promulgation. (1) Application for principal license shall be sub- For public cognizance, the regulation shall be mitted by using Form Model Pm-I and enclos- promulgated by placing it in State Gazette of the Re ing the following documents: public of Indonesia. a. copy of the deed of establishment of company and/or amendment thereto, es- Stipulated in Jakarta pecially for company in the form of lim- On October 2, 2014 ited liability company, the deed has been THE MINISTER OF INDUSTRY OF THE REPUBLIC OF legalized by the Minsiter of Law and Hu- INDONESIA man Rights; and sgd. b. thre required documents on the basis of legislation. 2. The provision of Article 25 paragraph (1) is amended so as to become as follows: Article 25 (1) Application for TDI as meant in Article 24 shall be submitted to the official as meant in MOHAMAD S. HIDAYAT Promulgated in Jakarta On October 7, 2014 THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA sgd. AMIR SYAMSUDIN Article 16 paragraph (1) letter a by complet ing Form Model Pdf. I-1K. STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2014 NUMBER 1500 3. The provision of Article 44 is amended to become as follows: (R) Article 44 The issuance of IUI, Expansion License and TDI shall not be charged to whatever cost. Business News 8743-8744/8-26-2015 41 period; 6. Regulation of the Minister of Marine and Fisherty Number PER.15/MEN/2010 on Organization and Working Mechanism of the Ministry of Marine and Fishery; DECIDES: To stipulate: THE REGULATION OF THE MINISTER OF MARINE AND FISHERY ON THE CATCHING OF LOBSTER (Panulirus spp.), CRAB (Scylla spp.), AND SMALL CRAB (Portunus pelagicus spp.) Article 1 Referred to in this ministerial regulation as: 1. Everybody shall be individual person or corporation. 2. Corporation shall be an organized group of people and/or assets in the form of legal entity or non legal en tity 3. Minister shall be the minister in charge of fishery affairs. 4. Director General shall be the Director General executing technical task in the field of fishing. Article 2 Everybody shall be prohibited from catching Lobster (Panulirus spp.), Crab (Scylla spp.), and Small Crab (Portunus pelagicus spp.) which are laying egg. Article 3 (1) The catching of Lobster (Panulirus spp.), Crab (Scylla spp.), and Small Crab (Portunus pelagicus spp.) may be done with the size as follows: a. Lobster (Panulirus spp.), having length >8 cm (above eight centimeter); b. crab (Scylla spp.) having length > 15 cm (above fifteen centimeter); and c. small crab (Portunus pelagicus spp.), having length >10 cm (above ten centimeter). (2) The measuring method of Lobster (Panulirus spp.), Crab (Scylla spp.), and Small Crab (Portunus pelagicus spp.) shall be as contained in attachment which constitutes an integral part of this regulation. Business News 8743-8744/8-26-2015 43 Article 4 Everybody catching Lobster (Panulirus spp.), Crab (Scylla spp.), and Small Crab (Portunus pelagicus spp.) shall be obliged to: a. release Lobster (Panulirus spp.), Crab (Scylla spp.), and Small Crab (Portunus pelagicus spp.) which are laying egg as meant in Article 2 and/or with the size not matching the provision as meant in Article 3 para graph (1) if they are still alive; b. record the caught Lobster (Panulirus spp.), Crab (Scylla spp.), and Small Crab (Portunus pelagicus spp.) which are laying egg as meant in Article 2 and/or with the size not matching the provision as meant in Article 3 paragraph (1) in dead condition and report to the Director General through chiefs of base ports as contained in fishing license. Article 5 The ministerial regulation shall come into force as from the date of promulgation. For public cognizance, the regulation shall be promulgated by placing it in State Gazette of the Republic of Indonesia. Stipulated in Jakarta On January 6, 2015 THE MINISTER OF MARINE AND FISHERY OF THE REPUBLIC OF INDONESIA, sgd. SUSI PUDJIASTUTI Promulgated in Jakarta On January 7, 2015 THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA sgd YASONNA H. LAOLY STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2015 NUMBER 7 (R) Business News 8743-8744/8-26-2015