Regulation of the Minister of Marine Affaires and Fishery No. PER.08/MEN/2012 regulating Port for Fisheries

PORT FOR FISHERY (Regulation of the Minister Marine and Fishery of R.I. Number PER.08/MEN/2012, dated April 20, 2012) WITH THE BLESSING OF THE ONE AND ONLY GOD THE MINISTER OF MARINE AND FISHERY OF THE REPUBLIC OF INDONESIA, Considering: a. the context of accomplishing professional, reli able, high competency, and efficient, as well as existence of change to the function of port for fishery as govrened in Law Number 31 Year 2004 \ concerning Fishery as amended by Law Number 45 Year 2009, it is necessary to review Regula tion of the Minister Marine and Fishery Number PER.16/MEN/2006 concerning Port for Fishery; b. on the consideration referred to in letter a, it is necessary to stipulate Regulation of the Minister on Port for Fishery; plement to Statute Book of the Republic of Indo nesia Number 5073); 2. Law Number 32 Year 2004 (BN No. 7152 Pgs. 9B-18B) concerning Regional Administration (Statute Book of the Republic of Indonesia Year 2004 Number 125, Supplement to Statute Book Number 4437), as lately amended by Law Num ber 12 Year 2008 (BN NO. 7661 Pgs. 11 B-18B) (Statute Book Republic of Indonesia Year 2008 Number 59, Supplement to Statute Book of the Republic of Indonesia Number 4844); 3. Law Number 27 Year 2007 (BN No. 7560 Pgs. 28-128) concerning Management of Coastal and Small Islands Regions (Statute Book of the Re public of Indonesia Year 2007 Number 84, Sup plement to Statute Book of the Republic of lndo ln view of: nesia Number 4739); 1. Law Number 31 Year 2004 (BN No. 7144 Pgs. "\ 78-128) concerning Fishery (Statute Book of the 4. Law Number 17 Year 2008 (BN No. 7669 Pgs. Republic of Indonesia Year 2004 Number 118, 1 B-1 0B) concerning Navigation (Statute Book of Supplement to Statute Book of the Republic of the Republic of Indonesia Year 2008 Number 64, Indonesia Number 4433), as amended by Law Supplement to Statute Book Republic of lndone Number 45 Year 2009 (Statute Book of the Re- sia Number 4849); public of Indonesia Year 2009 Number 154, Sup Business News 838814-5-2013 11111111 Ii 5. Government Regulation Number 62 Year 2002 9. Presidential Decree Number 84/P Year 2009, as (BN No. 6884 Pgs. 11 B-14B) tentang Tariff of amended by Presidential Decree Number 59/P State Non-Tax Income prevailing at the Depart- Year 2011; ment of Marine amd Fishery (Statute Book of the Republic of Indonesia Year 2002 Number 118, Supplement to Statute Book of the Republic of Indonesia Number 4241 ), as amended by Gov ernment Regulation Number 19 Year 2006 (Stat ute Book of the Republic of Indonesia Year 2006 Number 45, Supplement to Statute Book of the Republic of Indonesia Number 4623); 6. Government Regulation Number 6 Year 2006 concerning Management of Property Belonging to 10. Regulation of the Minister of Marine and Fishery Number PER. 01 /MEN/2009 concerning Fishery Management Region of the Republic of lndone sia; 11 . Regulation of the Minister of Marine and Fishery Number PER.15/MEN/2010 concerning Organiza tion and Work Procedure of the Ministry of Marine and Fishery; the State/Region (Statute Book of the Republic of D E C I D E S: Indonesia Year 2006 Number 20, Supplement to To stipulate: Statute Book of the Republic of Indonesia Number REGULATION OF THE MINISTER OF MARINE AND 4609); FISHERY ON PORT FOR FISHERY. 7. Presidential Regulation Number 4 7 Year 2009 CHAPTER I tentang Establishment of and Organization of GENERAL PROVISION State Ministry, as lately amended by Presidential Article 1 Regulation Number 91 Year 2011; What is meant in this Regulation of the Minis 8. Presidential Regulation Number 24 Year 2010 concerning Capacity, Duty, Function, Authority, Organizational Structure, and Work Procedure of the State Ministry of Republic of Indonesia, as lately amended by Presidential Regulation Number 92 Year 2011; ter by: 1 . Port for Fishery shall be any plan consisting of land and waters surrounding it with certain bor ders as places for administration activities and fishery business system activities used as places for fishery ships to moor, anchor, and/or disem bark fish load supported by navigation safety fa cilities and fishery supporting activities. Business News 8388/4-5-2013 19 20 2. Port for fishery shall be all matters relating to functional operation of fishery port in support of smooth operation, security, and order of flow of traffic of fishery ships, and constituting the cen ter for national and regional economic growth re lating to fishery activities with due consideration of the space layout of the region. 3. System of fishery port shall be any system of fishery port consisting of function, facilities, and classification of fishery port, and master plan of national fishery port. 4. Regional Fishery Management of the State of the Republic of Indonesia hereinaftr referred to as WPP-NRI, shall be region for fishery management for fishery ships activities covering remote area waters, islands waters, territorial waters, added zone waters, and Exclusive Econmic Zone of In donesia. 5. The Head of port shall be management of fishery port having the authority to carry out the function to govern, control, and oversee activities of fish ery port. 6. Operator of fishery port shall be Director General. Governor, Regent/Mayor or private party. 7. Master plan of national fishery port shall be the governing of space for national fishery port con sisting of policy on fishery port, location plan of national fishery port, constituting guideline for determination of location, planning, development, and development of fishery port. 8. Master plan of fishery port shall be governing space layout for fishery port in the form of allo cated use of land and waters at fishery port. 9. Work Area shall be place comprising part of land and waters used automatically for fishery port ac tivities. 10. Regional Operation shall be place comprising part ly land and waters that directly affect fishery port operations .. 11. Port pool shall be waters in front of the harbour/ port used for mooring operational and fishery ships movement management. 12. Harbormaster of fishery port shall be implementa tion of duty and function of fishery port admin istration for guaranteeing security and safety of fishery ships operation. 13. Harbormaster at fishery port shall be harbormas ter specifically positioned at fishery port for ad ministration management and run the function to maintain navigational safety. 14. Navigational Approval Letter, hereinafter referred Business News 8388/4-5-2013 to as SPB, shall be State document issued by Harbormaster at fishery port to every fishery port for each fishery ship that will sail after complying with the requirement on ship feasibility, catching feasibility, and storage feasibility and other obli gations. 15. Concession shall be grant of right by port opera tor to business entity for port operation to busi ness entity to provide fishery port operational ac tivity and/or service for a certain period of time and against certain compensation. 16. Fish processing industry shall be economic ac tivities using fish processing unit as a place for processing fish originating from basic material or semi-finished product or finished product using equipment for handling and processing fish, so as to obtain product with higher value, including plan, build and engineering activities. 1 7. Central Government hereinafter referred to as Government, shall be President of the Republic of Indonesia holding the power over adminsitration fo the State of the Republic of Indonesia as re ferred to in the 1945 Constitution of the Republic of Indonesia. 18. Regional Government shall be implementation of administration affairs by Regional Government and Regional House of the People's Representa tives based on the principle of autonomy and duty on providing assistance based on the principle of extensive autonomy within the system and prin ciple of the Unitary State of the Republic of In donesia as referred to in the 1945 Constitution of the Unitary State of the Republic of Indonesia Year 1945. 19. Minister shall be Minister of Marine and Fishery. 20. Director General shall be Director General of Fish ery Catching. 21 . Guvernor shall be head of provincial region and regional instrument constituing regional instru ment as element of operator of administration of provincial region. 22. Regent/Mayor shall be head of regency/municipal ity region and regional instrument as element of regional administration of regency/municipality. CHAPTER II SYSTEM OF NATIONAL FISHERY PORT Part One General Article 2 ( 1) The system of national fishery port shall be ac complished in the context of reliable, high capa bility, efficiently secured, and having global Business News 8388/4-5-2013 21 22 competitive power to support the development of fishery within the WPP of the State of the Repub lic of Indonesia. (2) System of national fishery port is system of fish ery port that reflects the planning of fishery port based on economic and geographic zone, and comparatively superior region, and atmospheric condition. (3) System of national fishery port comprises: a. function of fishery port; b. facilities of fishery port; c. classification of fishery port; and d. master plan of national fishery port. Part Two Function of Fishery Port Article 3 ( 1 ) Fishery port constitutes supporting activity for management and utilization of fish resources and its environment from pre-production, production, processing, and marketing. (2) Fishery port comprises the function of: a. administration; and b. exploitation. (4) Administrative function in fishery port referred to in paragraph (2) ,letter a, constitute implementa tion of governing, management, control, supervi sion and security and safety of fishery ship opera tion in fishery port. (4) The exploitation function in fishery port referred to in paragraph (2) letter b, constitutes function to run exploitation in the form of provision of and/ or service for fishery ship and the relevant service in fishery port. (5) The administrative function referred to in para graph (3), covers: a. fostering service on the quality and process of fishery product; b. collection of data catch and fishery product; c. place for exercising information provision and development of the fishermen community; d. implementation of fishery ship operational ac tivities; e. place for exercising supervision and control of fish resources; f. operation of harbormaster; g. place for exercising fish quarantine function; h. publication of mooring and anchoring services results of fishery ship and fishery supervising ship; i. place of publication of the result of marine and fishery research; j. monitoring of coastal region; k. control of environment; Business News 8388/4-5-2013 I. customs matter; and/or m. immigration matter. (6) Other than holding administrative function re ferred to in paragraph (5), fishery port may exer cise other administrative function relating to fish ery management in accordance with the statutory regulation. (7) The exploitation function referred to in paragraph (4), covers: a. anchoring and mooring services of fishery ships; b. unloading service for fish load; c. processing service for fishery yield; d. marketing and distribution of fish; e. utilization of Fishery Port facilities and ground; f. repair and maintenance services for fishery ships; g. logistic and supply services for fishery ships; h. sea tourism; and/or i. supply and/or provision of other services based on the statutory regulation. Part Three Fishery Port Facilities Article 4 ( 1) To support the function of Fishery Port, every Fishery Port must possess facilities consisting of: a. main facilities; b. functional facilities; and c. supporting facilities. (2) The main facilities referred to in paragraph (1) let ter a, may consist of: a. waves breaker, sea wall turap (revetment), and groin; b. anchorage; c. jetty; d. port bay; e. navigation canal; f. complex roads and drainage; and g. ground. (3) The fungsional facilities referred to in paragraph (1) letter b, may consist of: a. place for fish marketing (TPI); b. navigational and communication services such as telephone, radio communication, in ternet, signals,beam of light, and watch tow er; c. potable water, Oil Fuel (BBM), ice, and elec tric installations; d. place for ship maintenance and for fish catch ing tools, such as dock/slipway, workshop and place for net repair; e. place for fish handling and processing, such as sheed transit and laboratory for quality control; f. office space, such as port administration of fice, integrated services office, and banking office Business News 8388/4-5-2013 23 24 g. transportation, such as fish transporting me dia; h. sanitation and waste processing media, such as Waste Water Processing Installation (IPAL), Temporary Place for Discharge (TPS); and i. zone safeguard, such as zone barrier with ring fence. (4) The support facilities referred to in paragraph ( 1) letter c, may consist of: a. hall for fishermen meeting; b. mess for operator; c. place for fishermen to stay; d. social and public facilities, such as place for pray, and bathe and toilet; e. shops; and f. guard post. (5) Facilities that must exist in Fishery Port are: a. main facilities consisting of ground, anchor age, port bay, complex roads and drainage; b. functional facilities consist of office of port administration, TPI, potable water supply, and electric installation; c. support facilities consisting of guard post and place for bathing, place for praying, and toi let. Part Four Classification of Fishery Port Article 5 Fishery Port is classified into four (4) classes, namely: a. Fishery Port Klass A, hereinafter referred to as Ocean Fishery Port (or Pelabuhan Perikanan Samudera PPS)); b. Fishery Port Class B, hereinafter referred to as Archipelago Fishery Port (or Pelabuhan Perikanan Nusantara (PPN); c. Fishery Port Class C, hereinafter referred to as ! Coastal Fishery Port (or Pelabuhan Perikanan Pan tai PPP)); and d. Fishery Port Class D, hereinafter referred to as Fish Mooring Spot or (Pangkalan Pendaratan lkan (PPI). Article 6 The PPS referred to in Article 5 letter a is stipulated based on technical criteria and operational, covering: a. Technical criteria covers: 1 ) capability to provide service for fishery ships exercising fishery activities on Indonesian waters, Indonesia Exclusive Economic Zone or (Zona Ekonomi Eksklusif Indonesia (ZEEI), and open sea; 2) possessing anchoring and mooring facilities Business News 8388/4-5-2013 for fishery ships of the size at least 60 GT; 3) length of anchorage is at least 300 m, with a depth of the bay at least 3 m; 4) capability to accommodate fishery ships at least 100 units or in total at least 6 .000 GT; and 5) total area of the ground utilized and managed is at least 20 ha. b. Criteria of operasional covers: 1) a portion of the unloaded fish is for export; 2) loading and unloading activities of fish and marketing of fishery yield is averagely 50 tons per day; and 3) existing fish processing industry and other supporting industry. Article 7 The PPN referred to in Article 5 letter b is stipulated based on technical and operational criteria, covering: a. technical criteria covering: 2) possessing anchoring and mooring facilities for fishery ships of the size at least 30 GT; 3) length of anchorage is at least 1 50 m, with the depth of the bay is at least 3 m; 4) capability to accommodate fishery ships at least 75 units or in total at least 2.250 GT; and 5) area of ground utilized and managed is at least 10 ha. b. Criteria of operational covers: 1) existence of fish loading and unloading activi ties and marketing the fish yield at averagely 30 ton per day; and 2) existence of fish processing industry and oth er supporting industries. Article 8 The PPP referred to in Article 5 letter c is stip ulated based on technical and operasional criteria, coveing: a. technical criteria covering: 1) capability to serve fishery ships exercising fishery activities on the Indonesian waters; 1 ) capability to serve fishery ships exercising fishery activities on Indonesian waters and the ZEEI; 2) possessing anchoring and mooring facilities tor fishery ships measuring at least 10 GT; Business News 838814-5-2013 25 26 II IIIIUtall lllllll llllllll lMI 1111 ~SAMEK A 3) length of anchoring is at least 100 m, with a depth of the bay at least 2 m; 4) capability to accommodate fishery ships at least 30 units or in total at least 300 GT; and 5) area of ground utilized and managed is at least 5 ha. b. criteria of operational covers: 1) existence of fish loading and unloading activi ties and marketing of fishery yield of an aver age 5 tons per day; and 2) existence of fish processing industgry and other supporting industries. Article 9 The PPI referred to in Article 5 letter d is stip ulated based on technical and operational criteria cov ering: lesst 15 units or in total at least 75 GT; and 5) area of ground utilized and managed at least 1 ha. b. Criteria of operational, namely existence of fish loading and unloading activities and marketing of fishery yeild at average 2 tons per day. Part Five National Master Plan for Fishery Port Article 10 (1) In the context of governing national fishery ports system, the Government shall prepare National master plan for Fishery Port. (2) National master plan for Fishery Port covers: a. national policy on Fishery Port; and b. plan on location of Fishery Port. a. Technical criteria covers: (3) The national policy on Fishery Port referred to in 1) capability to serve fishery ships exercising paragraph (2) letter a is guideline for construe fishery activities on Indonesian waters; tion of Fishery Port, so that operation of Fishery Port will mutually support between a party and 2) possessing anchoring and mooring facilities the other. for fishery ships measuring at least 5 GT; 3) length of anchoring is at least 50 m, with a depth of the bay at least 1 m; 41 capability to accommodate fishery ships at (4) The national plan for location of Fishery Port re ferred to in paragraph (2) letter b will consider: a. Coastal Regional Zoning and Small Islands Plan / General Plan on Space Layout of Pro vincial / Regency/Municipality Regions; Business Hews 8388/4-5-2013 b. fish resource potentiality; c. human resource supporting power; d. WPP-NRI; e. support on regional infrastructure; f. regional geography and condition of the wa ters; and g. people social economy. (5) National master plan on Fishery Port is stipulated for a term of 20 (twenty) years. (6) The national master plan on Fishery Port referred to in paragraph (5) may be reviewed once in five (5) years. (7) If environmental condition changes or in the event of natural disaster, the national master plan on Fishery Port referred to in paragraph (5) may be reviewed once in five (5) years. (8) National master plan on Fishery Port is stipulated by the Minister. CHAPTER Ill FISHERY PORT DEVELOPMENT PLAN Article 11 ( 1) Fishery Port Development Plan shall be prepared and stipulated by the Fishery Port operator by referring to the national master plan on Fishery Port. (2) Fishery Port development plan covers: a. feasibility study; b. Fishery Port master plan; and c. detailed design. Article 12 ( 1 ) The feasibility study referred to in Article 11 para graph (2) letter a shall be compiled with due ob servance of: a. justification with Coastal Regional Zoning and Small Islands Plan / General Plan on Space Layout of Provincial / Regency / Municipality Regions; b. support on availability of fish resource and WPP-NRI; c. available human resource; and d. harmony and stability with other related ac tivities at the port location. ( 2) The feasibility study referred to in paragraph ( 1 ) is set forth in the form of document containing among other things: a. information on fish resource b. feasible facilities and infrastructure in the re gion; c. technical feasibility; and d. feasible social economy. Article 13 ( 1 ) The master plan on Fishery Port referred to in Ar ticle 11 paragraph (2) letter b shall be compiled Business News 838814-5-2013 27 28 based on feasibility study. (2) The master plan on Fishery Port contains plan on land and waters use system covering allocation plan for work area and operational area for Fish ery Port. (3) The master plan on Fishery Port referred to in paragraph (2) shall be set forth in the form of document containing: a. background; b. general view of the condition of the location; c. policy framework on Fishery Port develop ment strategy; d. stages and term of Fishery Port development; e. plan on coordinates points in the work area and operational area for Fishery Port; f. plan on the facilities to be developed; g. estimated need for budget; h. Fishery Port management plan; and i. drawing of the location of lay out.. (4) Fishery Port master plan may be reviewed after five (5) years elapsed. Article 14 ( 1) The detailed design referred to in Article 11 para graph (2) letter c shall be compiled after obtaining stipulation on the location or location permit from the Regent/Mayor based on the statutory regula tion. (2) Stipulation of location or location permit for Ja karta Capital City of Provincial Special Region shall be issued by the Governor. (3) The detailed design shall be set forth in the form of document stating: a. mechanical condition of the land; b. hydro-oceanographic condition; c. topographic and bathymetric condition; d. structure and model of construction as planned; e. design in drawing form; f. details of cost budget; and g. technical specification of the facilities to be constructed. Article 15 The procedure for implementation and compi lation of Fishery Port development program referred to in Article 12 through Article 14, shall be stipulated in Decision of the Director General. CHAPTER IV DEVELOPMENT AND OPERATION OF FISHERY PORT Part One Recommendation for Fishery Port Construction Article 16 ( 1 ) Construction of Fishery Port shall be conducted after obtaining recommendation for Fishery Port Business Hews 838814-5-2013 construction from the Director General. (2) To obtain recommendation for Fishery Port con struction as referred to in paragraph ( 1), the Fish ery Port operator shall submit application to the Director General supported by: a. document of planning on Fishery Port con struction; and b. administrative requirement in the form of deed of company establishment, and Obliga tory Taxpayer Identification Number (NPWP) for Fishery Port for construction by private sector. Construction of Fishery Port Article 17 ( 1) Construction of Fishery Port may be conducted by provider of construction service based on con cept or other form. (2) In the construction of Fishery Port referred to in paragraph ( 1 ) , the operator of Fishery Port or pro vider of construction service shall be obliged to: a. start construction of Fishery Port within two (2) years effective as of the date the recom mendation for construction is issued; b. carry out the construction work of Fishery (3) The Director General based on the application re- Port according to the construction plan of ferred to in paragraph (2) shall conduct evalua- Fishery Port referred to in Article 11 para tion on the complete compliance with the require- graph (2); and ments with due observance of the national master plan on Fishery Port within 20 (twenty) working days as of receipt of the complete application let ter. (4) If the application referred to in paragraph (2) is approved, the Director General shall issue recom mendation for construction of Fishery Port. (5) If the application is rejected, the Director General shall notify such rejection to the operator of Fish ery Port supported by reason for rejection. Part Two c. be responsible on anyh impact arising dur ing the period of construction of Fishery Port concerned. (3) The Director General shall control the construc tion of Fishery Port by conducting monitoring and evaluation. Article 18 Construction of Fishery Port facilities on land may be conducted only after obtaining permit to Con struct Building in accordance with the provisions in the statutoryh regulation. Business News 8388/4-5-2013 29 30 I 11111 .... IFIH II I m••11111 Part Three Operation of Fishery Port Article 19 ( 1) The operator of Fishery Port may operate Fishery Port after complying with the requiremetns be low: a. possess the facilities referred to in Article 4 paragraph (5); and b. issue written statement stating its readiness to operate the Fishery Port to the Minister. (2) The statement of readiness to oprate referred to in paragraph (1) letter b, is data for consideration in determining the class of Fishery Port. Article 20 The operator of Fishery Port that operates Fishery Port shall be obliged to be: a. Fully responsible for the operasion of the Fishery Port concerned; and b. comply with the provisions in the statutory regu lation concerning fishery and environment. CHAPTER V FISHERY PORT OPERATION MANAGEMENT Article 21 ( 1) Fishery Port that is already in operation must es tablished Fishery Port operating institution. (1) The Operating stitution of Fishery Port referred to in paragraph ( 1) may be in the form of: a) Technical Operator Unit of the Ministry, for Fishery Port constructed by the Government. b) Technical Operating Unit of Region, for Fish ery Port constructed by Regional Govern ment. c) Fishery Port Operating Unit, for Fishery Port not constructed by the Government and Re gional Government. (3) Provision on Operating Institution for Fishery Port constructed by the Government and Regional Government shall be stipulated by the Minister, Governor, Regent/Mayor according to their re spective authority. (4) Provision on Operating Institution for Fishery Port not constructed by the Government and Region al Government shall be stipulated by the private sector concerned. Article 22 (1) Operating Institution for Fishery Port either con structed by the Government and Regional Gov ernment shall be managed by the Port Master. (2) Operating Institution for Fishery Port constructed by private sector shall be managed by the Port Master assigned by the owner which decision Business Hews 8388/4-5-2013 thereof must be submitted to the Director Gen eral. (3) In Fishery Port constructed by private sector, the function of adminsitrative may be exercised by the Government and/or Regional Government. Article 23 ( 1) Operating Institution for Fishery Port constructed by the Government shall be determined by the Minister after obtaining written approval from the Minister in charge of empowerment of State in strument and reformed beaurocracy. (2) Operating lnstiution for Fishery Port constructed by Regional Government shall be determined by Regional Adminsitration. CHAPTER VI CLASS DETERMINATION AND PROMOTION OF FISHERY PORT Part One Class Determination Article 24 (1) Class for Fishery Port that has been operating and possessing Operating Institution of Fishery Port may be determined based on technical criteria and operational criteria. to the Minister through the Director General. (3) The application referred to in paragraph (2) must be supported by the required: a. photocopy of statement of readiness to oper ate as referred to in Article 19 paragraph ( 1) letter b; and b. report on operation of Fishery Port for at lest six (6) months after the start of operation. (4) Based on the application referred to in paragraph (3) verification must be made by the Director General within 30 (thirty) working days as of the date the complete application is received. (5) The Director General shall submit report on the result of verification to the Minister that shall con stitute as material for consideration for class de termination of Fishery Port. (6) Based on the report on verification result referred to in paragraph (5), the Minister shall determine the class of Fishery Port within 30 (thirty) work ing days. Part Two Class Promotion Article 25 (2) Application for class determination of Fishery Port (1) Fishery Port which class has been determined shall be submitted by the operator of Fishery Port may submit application for class promotion based Business News 8388/4-5-2013 31 32 on technical criteria and operational criteria. (2) The Operator of Fishery Port shall submit applica tion for class promotion to the Minister through the Director General. (3) The application referred to in paragraph (2) must be supported by data on Fishery Port facilities, data on Fishery Port operations, managing orga nization / human resource, projected construction of Fishery Port, and plan of financement. (4) Based on the application referred to in paragraph (3) verification shall be made by the Director Gen eral within 30 (thirty) working days at the latest effective as of the date the complete application is received. Article 26 ( 1) In the interest of Fishery Port operation, Work Area and Operation of Fishery Port shall be deter mined with stipulated coordinates of borders. (2) Work Area of Fishery Port consists of: a. Land Work Area used for port ground, office for Fishery Port administration, place for han dling and processing fishery yield, TPI, place for potable water supply, ice and Oil Fuel, guard post, and place for praying; b. Waters Work Area used for port bay, waves breaker, sea wall (revetment turap)), groin, anchorage and jetty. (3) Operation Area for Fishery Port consists of: a. Land Operation Area used for road access (5) The Director General shall submit report on the from and to Fishery Port, fishermen resi result of verification to the Minister that shall con- dence, fish market and others that directly stitute data for consideration for class promtion affect the Fishery Port operational activities; of Fishery Port. (6) Based on the report of verification result referred to in paragraph (5), the Minister shall determine class promotion from the Fishery Port within 30 (thirty) working days at the latest. CHAPTER VII WORK AREA AND OPERATION OF FISHERY PORT b. Waters Operation Area used for navigation canal from and to the Fishery Port, for emer gency need, piloting activity, ship trial test, placement of non-operating ships, and ships at ad hoe condition. Article 27 (1) Work Area and Operation of Fishery Port shall be determined by the Minister based on the application Business Hews 838814-5-2013 from the operator of Fishery Port. (2) The application referred to in paragraph ( 1) shall be submitted to the Minister supported by proof of compliance with the requirements below: a. location permit or location stipulation from the Governor, Regent/Mayor according to their respective authority; and b. master plan of Fishery Port. (3) The Minister based on the application referred to in paragraph (2) shall examine the completeness of compliance with the requirements within 30 (thirty) working days effective as of the date the complete application is received. (3) Exploitation of fishery port referred to in para graph (2) shall be conducted according to the statutory regulation. CHAPTER IX PORT ADMINISTRATION ON FISH BOATS Article 29 ( 1) In the context of safeguarding operation of fish ery boats, Port Master on fishery port shall be appointed. (2) The Port Master of Fishery Port shall be appointed by the Minister in charge of navigation affairs as proposed by the Minister. (3) The Port Master of Fishery Port shall be placed and assigned to fishery port by the Director Gen (4) If the application referred to in paragraph (2) is eral. declared incomplete, the Minister shall determine Work Area and Operation of Fishery Port. CHAPTER VIII EXPLOITATION OF FISHERY PORT Article 28 ( 1) Fisher Port constructed by the Government, re gional government or private company may be exploited. (2) Exploitation of fishery port referred to in para graph ( 1), shall be in the form of utilization of 1dCi\iti~S ~"O serv·1ce provision. (4) The Port Master of fishery port in carrying out its duty shall coordinate and shall be responsible to the Head of local Fishery Port. Article 30 ( 1 ) The Post Master of Fishery Port shall be assigned duty and authority to: a. issue Navigational Approval Letter; b. arrange arrival and departure of fishey boats; c. re-examine completeness of the document on fishery boats; Business News 8388/4-5-2013 33 34 GOVERNMENT RFGlJLATIONS d. examine ships/boats technology and nauti cal of fishery boats and examine fish catch equipment, and fish catch accessories; e. examine and approve sea work agreement; f. examine the log book on fish catch and trans portat; g. arrange fishery boats movement and traffic at fishery port; h. supervise piloting activities; i. supervise filling of oil fuel; j. supervise construction of fishery port activiti ies; k. provide assistance on search and rescue; I. lead in the control of pollution and firefighting activities at fishery port; m. provide supervisory in the implementation of maritime environmental protection; n. examine compliance with the requirements on the provision of boats crews; o. issue Statement Letter of Proof of Fishery Boats/Ships Arrival and Departure., and ex amince the fish certificate on fish catch crop. (2) Further provisions on Port Master affairs at fish ery port shall be governed in separate Regulation of the Minister. by the Government or regional government is as signed the duty to provide crop accommodating facilities and marketing of fishery crop in its area, supervisory, supervisory facilities for utilization of fish resource, and smooth operation of fishery boats, and its port master service, and other ad ministrative activities. (2) The duty referred to in paragraph ( 1), shall be implemented by the Head of Fishery Port as coor dinator of fishery port. (3) Fishery Port Management Institution in running the function of fishery port may be supported by the relevant agency/work unit according to their respective authority. (4) The agency/work unit at fishery port referred to in paragraph (3) consists of: a. regional government of province and regen cy/municipality; b. TNI/POLRI; c. !migration; d. Customs and Excise; e. health condition of Port; f. Sea Communication; g. supervision and control of marine and fishery CHAPTER X resource; WORK RELATIONSHIP AT FISERV PORT Article 31 { 1 ) Fishery Port Management Institution constructed h. Processing and Marketing of Fish Crop; i. Rsearch and Development of Marine and Fish ery; Business Hews 8388/4-5-2013 j. Development of Human Resource on Marine and Fishery; k. fish quarantine; I. BUMN and/or BUMD; and/or m. other relevant agency. (5) The relevant agency in carrying out its duty and function on fishery port is obliged to work in co ordination with the Head of Fishery Port . Article 32 ( 1) The Fish Port facilities belonging to fishery port management institution in fishery port area shall constitute responsibility of the fishery port man agement unit. (2) The fishery port belonging to the relevant agency at fishery port work area shall constitute respon sibility of the agency concerned. (3) The facilities referred to in paragraph (2), fishery port management institution shall be authorized to: a. exercise arrangement and control of fishery port according to the master plan of fishery port; b. grant approval to utilize the land according to the master plan of fishery port and the statu tory regulation. \4\ 'i\f\t\\ ~~SP~Ct \t) t'ne taci\if1es referred to in para graph ( 2), the agency relating to the owner of facilities is responsible to: a. utilize the facilities after obtaining approval of the Head of Fishery Port; and b. maintain the facilities and environment under its management. CHAPTER XI DEVELOPMENT OF FISHERY PORT Article 33 ( 1) Fishery port that has been operating may be de veloped according to its need. (2) Development of fishery port may be made if: a. amendment is made to the master plan of fishery port; and b. the existing facilities in the master plan of fishery port has been complied with. (3) Mechanism of planning and implementation of de velopment of fishery port referred to in Article 11 through Article 1 8 prevails mutatis mutandis on the mechanism of development of fishery port. CHAPTER XII MANAGEMENT AND REPORT ON FISHERY PORT Part One Management Article 34 ( 1) The Director General, Governor, or Regent/Mayor Business News 838814-5-2013 35 36 ~1'\~~lrlr~lr-~-~l¼i11~t: based on their respective authority shall exercise technical management and operation of fishery port. (2) Technical management and operation of fishery port shall be conducted through orientation, co ordinating meeting, technical management, and supervision. Part Two Reporting Article 35 ( 1 ) Fishery Port Management Institution is obliged to submit monthly report on fishery port activities. (2) Report on fishery port activities shall cover: a. stages of development of fishery port; and/or b. operasion of fishery port shall be among other things, frequency and number of boats, fish crop, service for logistic need, and employ ment of manpower. (3) The report referred to in paragraph (2) must be submitted by: a. the Technical Operating Unit of the Ministry to the Director General; b. the Provincial Regional Technical Operating Unit to the Governor with copy to the Direc tor General; c. Regency/Municipality Regional Technical Op erating Unit to the Regent{Mavor7 with copy to the Director General and Governor; and d. Fishery Port Management Unit for fishery port not yet constructed by the Government to the Director General with copy to the Gover nor and Regent/Mayor. (4) Report on fishery port activities will be used as data for evaluating performance and compilation of polidy on construction, development and man agement of fishery port. (5) As required for compilation of data for evaluating the performance referred to in paragraph (4) may be monitored by the Director General, Governor, Regent/Mayor bsed on its authority. (6) Further provision on the nature and format of re port on fishery port activities shall be stipulated under Decision of the Director General. CHAPTER XIII INFORMATION CENTER ON FISHERY PORT Article 36 ( 1 ) Any fishery port must possess Information Center on Fishery Port. (2) Information Center on Fishery Port shall con stitue information system covering collection, management, analysis, storage, presentation, and distribution of data and information on fish ery port. Business News 838814-5-2013 (3) The data and information on fishery port referred to in paragraph (2) will be used to: a. support operation of fishery port; b. improve information service to public; and c. support in the preparation of policy on fishery port. (4) The data and information referred to in paragraph (2) consist among other things: a. fishery port facilities; and b. data on daily, monthly and annual operations of fishery port, containing frequency of boats trips, fish production and fish price, fish catch equipment, logistic, marketing, and manpow er in the form of daily data. (5) Any Fishery Port Information System must inte grate each other .. CHAPTER XIV OTHER PROVISIONS Article 37 (1) The Director General, Governor, or Regent/Mayor based on their respective authority shall exercise management on the existence of ports for fish catches existing in the surrounding. (2) The management of existing port for fish catch referred to in paragraph (1) shall cover: a. collection of data on fish catch and fishery b. management of the quality and process of fishery crop; and c. control of the environment. CHAPTER XV TRANSITIONAL PROVISION Article 38 With this Regulation of the Minister comes to force, all fishery ports existing and 1 operating, may operate on the provision that within five (5) years ef fective as of this Regulation of the Minister comes to force, it must justify with the provisions as governed in this Regulation of the Minister. CHAPTER XVI CLOSING PROVISION Article 39 By the time this Regulation of the Minister comes to force: 1 . Regulation of the Minister of Marine and Fishery Number PER.16/MEN/2006 concerning Fishery Port, and 2. Decision of the Minister of Agriculture Number 1082/Kpts/OT.210/10/99 concerning Employ ment System on the Implementation of Technical Operating Unit on Fishery Port with the Relevant Agency in the Management of Fishery Port, is re voked and hereby declared null and void. Article 40 Business News 8388/4-5-2013 37 This Regulation of the Minister takes effect on the date it is enacted. For public cognizance, this Regulation of the Minister shall be announced by placing it in the State Ga zette of the Republic of Indonesia. Stipulated in Jakarta Dated April 20, 2012 MINISTER OF MARINE AND FISHERY OF THE REPUBLIC OF INDONESIA INDONESIA, Sgd. SHARIF C. SUTARDJO Enacted in Jakarta Dated April 20, 2012 MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INOONESIA sgd. AMIR SY AMSUDIN STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2012 NUMBER 440 (MA) Business News 838814-5-2013