Joint Decree of the Minister of Agriculture and the Minister of Communications No. 492/Kpts/IK.120/7/1996 and No. SK.1/AL.003/PHB-96 of 4 July 1996 re the simplification of licensing for fishing vessels

5 JOINT DECREE OF THE MINISTER OF AGRICULTURE AND THE MINISTER OF COMMUNICATIONS NO. 492/KPTS/IK.120/7/1996 AND NO. SK.I/AL.003/PHB-96 DATED: JULY 4, 1996 THE SIMPLIFICATION OF LICENSING FOR FISHING VESSELS THE MINISTER OF AGRICULTURE AND THE MINISTER OF COMMUNICATIONS, Considering a. that in the framework of promoting services and the smooth running of the community's businesses, particularly those in the fishery sector, using either Indonesian-tlag-carrying fishing vessels or foreign-tlag-carrying ones, it is necessary to simplify the licensing of their operations. b. that to achieve the above-mentioned purpose, it is necessary to make formulation in a Joint Decree of the Minister of Agriculture and the Minister of Communications. Bearing in mind I. Act No. 5/1983 on the Indonesian Exclusive Economic Zone (State Gazette No. 44/1983, Supplement to State Gazette No. 3260); 2. Act No. 9/1985 on Fisheries (State Gazete No. 46/1985, Supplement to State Gazette No. 3299); 3. Act No. 21/1992 on Navigation (State Gazette No. 98/1992, Supplement to State Book No. 3493); 4. Government Regulation No. 15/1984 on the Management of Biological Natural Resources in the Indonesian Exclusive Economic Zone (State Gazette No. 23/1984, Supplement to State Gazette No. 3378); 5. Government Regulation No. 17/1988 on the Operation and the Management of Sea Transportation (State Gazette No. 37/1988, Supplement to State Gazette No. 3378); 6. Government Regulation No. 15/1990 on the Fishery Business jo. No. 46/1993 (State Gazette No. 19/1990, Supplement to State Gazette No. 73/1993 and State Gazette No. 73/1993, Supplement to State Gazette No. 3536); 7. Presidential Decree No. 44/1974 on the Organizational Principles of Ministries; CAFI 90 I AUGUST 3, 1996 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Observing To stipulate 6 Presidential Decree No. 53/1977 on the Capital Investment Coordinating Board; Presidential Decree No. 54/1977 on Basic Stipulations on the Procedure for Capital Investment; Presidential Decree No. t5/1984 on the Organizational Structure of Ministries, as already amended, the latest by Presidential Decree No. 43/1996; Presidential Decree No. 96/M/1993 on the Establishment of 6th Development Cabinet; Decree of the Minister of Agriculture No. 565/Kpts/Orgi 101 1977 on the Delegation of the Chairman of the Capital Investment Coordinating Board; Decree of the Minister of Communications No. KM.79/1988 on the Procedure for the Application for and the Granting of Business Licences for Shipping Companies and the Operation of Sea Transportation; Decree of the Minister of Agriculture No. 815/Kpts/1K. 120/11/90 on Fishery Business Licencing; Decree of the Minister of Agriculture No. 816/KPTS/IK.120/11/90 on the use of Fishing Vessels Carrying Foreign Flags on a Hiring Basis to Fish in the Indonesian Exclusive Economic Zone; Decree of the Minister of Agriculture No. 96/Kpts/OT.21012/1994 on the organization and the working system of the Ministry of Agriculture; Decree of the Minister of Agriculture No. 14/Kpts/IK.41O/1 /1996 on the second amendment to the Decree of the Minister of agriculture No. 144/Kpts/IK.4IO/1993 on the stipulation of seaports as bases for fishing vessels carrying foreign flags hired by Indonesian fishery companies to fish in the Indonesian Exclusive Economic Zone. The directive of the President of the Republic of Indonesia dated June 28, 1996; HAVE DECIDED: THE JOINT DECREE OF THE MINISTER OF AGRICULTURE ANDTHE MINISTER OF COMMUNICATIONS CONCERNING THE SIMPLIFICATION OF LICENSING FOR FISHING VESSELS. Article I Irrespective of the stipulations in the operation of Indonesian-flag-carrying fishing vessels or foreign-flag-carrying ones pursuant to the prevailing laws, in this Joint Decree stipulations are laid down concerning fishing vessels as meant in Article 1 figure 8 of Act No. 9/1995 on Fisheries. CAFI 901 AUGUST 3, 1996 7 Article 2 (I) Indonesian-flag-carrying fishing vessels (KII) shall be obligated in their operation to possess licences from the Director General of Fisheries, consisting of : a. A Fishery Business Licence OUP), which shall he valid as long as the company continues to conduct the fishery business or a licence from the State Minister for Investment Funds Mobilization/Chairman ofthe Capital Investment Coordinating Board (BKPM) for fishery companies under the status of foreign/domestic investment companies; h. A Fishing Certificate (SPI), which shall be valid for 3 (three) years; (2) In addition to possessing the licences as meant in sub-article (I), a KII shall he obligated to be also covered with a Sailing Licence (SIB) from: a. the Directorate General of Sea Communications on cq, the Administrator of a local Public Seaport, for fishing ports located within the working territory (DLKR) of the said local puhlic seaport; h. The Directorate General of Fisheries cq. Head of a Fishing Port acting as a port Administrator on the basis of delegation from the Director General of Sea Communications for fishing ports located outside the DLKR of a Public Seaport; (3) The Director General of Sea Communications shall supervise the implementation of the issuance of Sailing Licences (SIB) as meant in sub-article (2) pursuant to the prevailing laws. Article 3 To ohtain an SPI as meant in Article 2 suh-article (l) letter b. a fishery company to operate a KII the obligated to possess licences and certificates from the Directorate General of Sea Communications, comprising : a. A Non-Shipping Company Operational Licence (SIOPNP), which shall he valid as long as the company conducts it business; h. A Nationality Certificate of the fishing vessel; c. A shipworthiness and crew certificate of the fishing vessel. Article 4 A foreign-flag-carrying vessel (KIA) shall in its operation he ohligated to possess licences comprised of: a. A Fishery Business Licence (IUP) from the Directorate General of Fisheries and this shall be valid as long as the company continues to conduct its fishery business or a licence from the State Minister for Investment Funds Mohilization/Chairman of BKPM for fishery companies under the status of foreign/domestic investment companies; CAFI 90 / AUGUST 3, 1996 8 h. A letter of Approval for the Use of Foreign Vessels (PPKA) from the Director General of Fisheries and this shall he valid for 3 (three) years; c. A Fishing Licence (SIPI) from the Director General of Fisheries and this shall he valid for 1 (one) year; d. A Non-Shipping Company Operational Licence (SIOPNP) from the Directorate General of Sea Communications and this shall he valid as long as the company conducts its business, Article 5 (I) In addition to the ohligation to possess the licences as meant in Article 4, a KIA shall be ohligated to he covered with a Saling Licence (SIB) from : a. the Directorate General of Sea Communications cq. the port administrator of a local puhlic seaport, for fishing ports located within the DLKR of a public seaport; h. the Directorate General of Fisheries cq. head of a Fishing Port Acting as a Port Administrator on the Basis of Delegation from the Director General of Sea Communications for Fishing Ports Located Outside the DLKR of a Public Seaport; (2) The Director General of Sea Communications shall supervise the implementation of the issuance of Sailling Licences (SIB) as meant in paragraph (I) pursuant to the prevailing laws. Article 6 (I) A carbon copy of every SPI as meant in Article (2) paragraph (1) letter b. shall hy the Director General of Fisheries he handed to the Director General of Sea Communications; (2) A fishery company using a KII shall submit its operational reports to the Director General of Fisheries every 6 (six) months, namely in, July and January of the next year, with carhon copies heing given to the Director General of Sea Communications. Article 7 (I) A copy of every PPKA and SIPI as meant in Article 4 letters hand c shall he the Director General of Fisheries be handed to the Director General of Sea Communications as a suhstitute for the report on the Use of Foreign Vessels; (2) A fishery company using a KIA shall suhmit reports to the Director General of Fisheries every 3 (three) months, namely in April, July, October and January of the next year, with carbon copies heing given to the Director General of Sea Communications. Article 8 An implementation directive for this joint decree shall he further regulated either individually or jointly hy the Director general of Fisheries and or the Director General of Sea Communications. CAFI 90/ AUGUST 3, 1996 9 Article 9 This joint decree shall take effect as from the date of stipulation. Stipulated in On THE MINISTER OF AGRICULTURE sgd. DR. IR SJARIFUDDIN BAHARSJAH : Jakarta : July 4, 1996 MINISTER OF COMMUNICATIONS sgd. DR.HARYANTO DHANUTIRTO