Decree No. 245/Kpts/LB.730/4/90 re Quarantine Measures taken on Live Fish Exported from the Territory of the Republic of Indonesia

DEClilil:: OF .i:H~ j.:I.l;,IS'.rBU UF AG!t.!CULTUHE N0 0 245/Kpts/LB o7)0/4/90 Concorning QUAiWHI.LH': ACTIOllS AGAI.LfST LIVE FISH Dl'.cBNDED FOlt ~XPOHT FltOil1 THB TilllUU'rO!{Y OF THE RIDPUBLIC OF rn DON.c:SIA 'fHB I,:IUIS'rEH OF AGHICULTURE Considering that in order that the performance of guarantine for export certification shall not hamper the exportation of live fish it is deemed necessary to stipulate provisions reearding the quarantine actions aeainst live fish intended for export o Referring to : 1 0 Law No.9 of 1985 (statute Book 1985:46) 20 Presidential De cz-ee :10 0 44 of 197'4; )0 Presidential Decree Ho.15 of 1984 ra'.ated to Presidential Decree No.4 of 1990; 4. Pre::3idential Decree lfo.G4/11 of 1988; 5. Decree of the ~nister of Agriculture NooOTo210/70G/ lepts/9/19B); 6 0 Decree of the Lunister of Aericul ture Ho, 45/Kpts/ OT.210/21190G; 7. Decree of the l.:inistel' of Aericulture N0 0 519/ Kpt s/ OT0 210/ 8/1988 0 :L\S Di.::CIDBD To Lay down: DECREE OF THE L:r.::ISTElt OF AGiUCULTUHE COIWBHiUHG QUAHAHTDfE ACTlOnS AGALiST LIV:r.: ~'ISH l.il'rilWi.::D POH t..:XPOHT li'HOIil THE 'r.c:H.HITOHY OF.I.'illi Hl:.:PU3LIC OF r.:f OO:n:SIA Article 1 In this Decree a o "Quarantine Actions" means activities which include health inspection and or observation and or isolation and ortrea~~ent and or destruction and tho Lnsucnco of Fish Ho aLt h Certificate 0 b o "Fish Health Certificate", hereinafter referred to as FHC, means a certificate statine that the live fish, the species and quantity of which mentioned therein, have beeu inspected 0.::3 to their health and found to bo froe from dan~crous fi::3h disease aGents and pests. CO "F ish" m~ans all specio::3 of fish including other aquatic biota in all staees of Qvelopment/cxistence, as referred to in Law No.9 of 1985 and its explaL.:.tory memorandum. do ''Live Fish" means live fish being transported with or without water modium, Lnc Ludf.n g fish ill 0. dormant s t a te 0 eo "Exportation of Live Fish" means all activities aimed at transporting live fish out of the territory of the nepublic of Indonesiao f o "Dangerous Fish Disease" means fish disease designated by the imp'orting country as fish disease t:<at must be prevented from being br-ought; with live fi::3h into its territoryo go "Fish Quarantine Establishment" hereinafter called "Establishment ll means a place with the required eq~pmont belonGine to the Fish Quarantine Station at point of export, for the performance of quarantino actions o h , "Temporary Fish Quarantine Bstablishoent" hereinafter called "Temporary Establish.m:.::nt .. means a place ','lith the necessary equipment for the perfor mance of quarantine actions, which is owned by the exporter of live fishao and whichais·. a),.l.thorized by the Director of the Center for AericulturaJ. Quarantine o 2 i o "'rrannit" me an s the temporary stay of exp or t od live fish commodity at a seaport or airport before the coumodity proceeds to its destination in a foreien countryo jo"Fish Quarantine Offic0r" means a civil servant who has undereone training in fish quarantine and has been appointed by the authorized official to perform quarantine actions o lc , "O\"/Oer" mo un a a nutural or jtU'idical por oon who iD responsiblo for the exportation of live fish o Article 2 (1) The exportation of live fish for either consumption or other purposes shall not be required to undergo quarantine actions including health certification, wlless so requirod by the importing country. (2) Fish health inspection intended for the issuing of FHC as referred to in paraeraph (1) :3hall be carried out without affecting tho condition of the live fish as well a a the smoothness of their exportation. Article ) }t'HC can be obtained at the places listed in tho Appendix to this Do cz-o e , Article 4 (1) Quarantine actions aGainst live fish intenc.lcd for export shall be performed at the Lstablishnents or Temporary Lstablishments. (2) The Director of the Center for Aericultural QUarantino shall stipulate tho requirements and. procedure for the de sd gna t i.on of Temporary Bstablislunents 0 Article 5 (1) The quarantine period shall be at ~ost seven days as from the day the live fish are submitted by the O",'/Oer to the Fish Quarantine Officer, un.Le s s the Lmp or t Lng c oun try re quire s otherwise. (2) If based on the result of clinical observation further quarantine action is noeded the Fish Qt~rnntine Officer can extend tho quarantine poriod after approvoJ. hao boon received from the Director of the Center for Agricultural ~uarnntine. Article 6 (1) The owner \',ho nee ds lluarnn tine actions for securing FHC shall submit an application to the authorized ?ish Quarantine Officer at point of export two days prior to the perfor~ance of quarantine actionso (2) Upon receipt of the application referred to in paragraph (1) the Fish ~'..'.e.rantine Officer shall Lnme ddatcLy make preparat:t:ons for the EstabIish ment , () In case the Fish Quarnlltine Station at point of export has not yet been equipped with an Establishment, the o~ner shall prOVide it with a Temporary Bstablishmento (4) After th0. ~stablislunent/Temporary ~stablishment has been prepared, the owner shall submit to the ?ish Quarantine Officer the live fish intended for export. (5) Upon receipt of the fish the Fish Quaruntine Officer shall immediately perform the quarantine uctiono accordine th~ procedure fixed jointly by the Izl i-e c t oz' of the Centor for Agricultural Quarantine an d the Director GeU-:lral of Fish.::lries o :3 Article 7 (1) If based on ins~ection the fizn are found to be healthy the Fish quarantine Officer shall immediately issue an FHO. (2) If baaed on inspection the fiah are found to be: (a) di~oa~od but can still ~o treated, tho fish shall be treated until they become .healthy, after which an lmC shall be Ls sue d, (b) diseased so that they cannot possibly be treated, the fish shall be do s t r oyo d , (J) Live fish that have been furnished with an FHC shall be packed by the owner under the supervision of the Fi~~ Quarantine Officer. Article 8 ~n order to safeguard the fish that have been provided with an FHC, the addition of oxygen, the repacking of fish at the place of transit and or at the point of export, shall be dono wldcr the supervision of the Fish Quarantine Officero Article 9 If in the performance of quarantine actions the Center for Agricultural Quaran tine requires assistence in laboratory eY~nation from other agencies, such assistance shall be requested from the relovant organization witlrln the ministry of Agriculture. by tho Fish Quarantine Officor. Article 10 (1) The preparation of the Bstabliohment, tho curing of tho fish during the quarantine period shall be carried out by the owner under the supervision of the Fish Quarantine Officer. (2) The provision of equipment and material for the performance of qu~rantine action referred to in paragraph (1) and treatment shall be the responsibil ity of the ownero (J) Tho raul necessity.which is required by the Fish Quarantine Officer in the performance of quarantine actions at the Temporary Bstablismnent shall be borne by the owner and be arranged:.further by the Director of the Center for Agricultural Quarantineo Article 11 If in the propor performance of the duties of the Fish Quarantine Officer loss, damage or death occurs to t~e live fish or delay occurs in tho loading and unloading of live fish intoc.n .from their carrier, the Fish Quarantine Officer or the Government is exempt from all claims ~r compensationo Article 12 (1) The destruction of live fish shall be carried out by or under the super vision of the Fish Quarantine Officero (2) Bach destruction of fish shall be attended by the owner or his proxy and shall be witnessed by a Police Officer, and officers of other agencies concerned. (J) In each case of destruction an official report shall be made in at least threefold, the first copy is for the owner, the second copy for the officer(s) of the agencies concerned with the destruction of fish, and the third copy for the Fish Quarantine Officero Article lJ In case the fish are destroyed as referred to in Article 12, .the owner shall have no right to c~aim for or receive compensation. (1) 4 Article 14 (l)For tho performa~ce of quarnntiu~ actions the ow~or shall pay fees acccrdf.ng to a schedule to be La r d down by the ll!inister of Agriculture in a Deparate Decree o w (2) The feos roferrod toYpo.raGro.ph (1) n110.11 bo po.:1.d by tho owne n before the .lnsh Health Certificato is p Lace d at his disposalo (3) All money received in connection with the collection of fees roferred to in para~raph (1) shall constitute the revonue of the stato o.nd shall be dep ani te d in the S tate 'fro asuryo Article 15 This Decree shall talco effoct on the day of its issuance. IStRed in Jako.rta on the 11 day of April 1990 The Minister of AGriculture oC;d Ir. War d 0 y 0