Regulation of the Minister of Marine and Fishery No. PER-16/MEN/2006 on fishery seaport

14A FISHERY SEAPORT (Regulation of the Minister of Marine and Fishery No. PER-16/MEN/2006 dated June 23, 2006) . THE MINISTER OF MARINE AND FISHERY, Considering: a, that pursuant to Article 41 of Law No. 31/2004 on Fishery, fishery seaport plays important role in driving.up fishery production, encouraging traffic of fishing ships, boosting the economic growth of fishery communities, exploitation and control over fishery resources and accelarting service for activities in the fishery business; b. that in a bid to ensurethe orderly, effective and efficient operation, the activities as meant in letter a need to be regulated by a regulation of the Minister; In view of: 1. law No. 31/2004 on Fishery; 2. Law No. 32/2004 on Regional Administration; 3. Government Regulation No. 69/2001 on Harbor Affairs; 4. Government Regulation No. 54/2002 on Fishery Business; S. Government Regulation No.62/2002 onTariffs of Non-Tax StateRevenue EffectiveWithin the Ministryof Marine and Fishery as already amended by Government Regulation No. 19/2006; 6. Presidential Decree No. 187/M/2004 on the Establishment of the United Indonesia cabinet as alreadyamended the latest by Presidential DecreeNo. 20/P/2005~ Business News 7473-7474/14-2-2007 7. Presidential 7. Presidential Regulation NO. 9/2005 on Status, Tasks, Functions, Organizational Structures and Working Ar rangements of State Ministries as already amended the latest by Presidential Regulation No. 62/2005; 8. Presidential Decree No. 10/2.005 on First-echelon Organizational Units and Tasks of State Ministries as already amended by Presidential Requlation No. 80/ 2005; 9. Decree or the Minister of Marine and FIshery No. KEP.24/MEN/2002 on Procedures and Techniques of Formulation of legislation within the Ministry of Ma rine and Fishery; lO.Decree or the Minister of Marine and Fishery No. KEP.1O/MEN/2003 on Fishing Business license; 11.Reguiation of the Minister of Marine and Fishery No. PER.07/MEN/200S on Organization and Working Ar ranqement or the Ministry of Marine and Fishery as already amended by Regulation of the Minister of Marine and Fishery No. PR.13/MEN/2006; l2.Regulation of the Minister of Marine and Fishery No. PER.02/MEN/2.006 un Orqanlzatlon and Working Mechanism of Fishery Seaport; DECIDES: To stipulate : THE REGULATION OF THE MINISfER OF MARINE AND FISHERY ON FISHERY SEAPORT CHAPTER I GENERAL PROVISION Article 1 1. Fishery is all activities related to management and exploitation of fishery resources and their environ ment, starting from pre-production, production, pro cessing to marketing, which is executed in a fishery business system. 2. Fishery seaport is a place consisting of mainland and surrounding waters with certain borders as a place of administration activities and activities of fishery Business News 7473-7474/14-2-2007 l5A business system, which is used as place where ships berth, anchor Clnrl!or load/disembark, which is equipped by facilitif'<; of naviqation safety and fish ery supporting activities. 3. Fishing is an activities to obtain fish in waters, which is not in the state of cultivation by whatever tool or mean, including activities using ship for loadlnq, car rying, storing, cooling, handling, processing and/or preserving. 4. Fishery seaport built by the government, provincial governments and/or regental/municipal governments is a fishery seaport whose development cost comes from the State Budget of Revenue and Expenditure (APBN)/Forelgn Aid or Regional 13udgets ot Revenue and Expenditure (APBD). 5. Fishery Seaport built by State-owned Enterprises (BUMN)or private companies is fishery seaport whose development cost comes from BUMN or private com panies. 6. Fishery Seaport Facility is facility and infrastructure available at fishery seaport to support operational activities of the seaport. 7. Maintenance of Fishery Seaport is all efforts to opti mize the utility and functions of fishery seaport. 8. Indonesian Fishery Management Territory is Indo nesian waters, Indonesian Economic ExclusiveZone and rivers, lakes, reservoirs, swamp and other inun dated water which can be exploited as well as po tential fish breeding area in the territory of the Re public of Indonesia. 9. Fishing ship is ship or vessel "or other floating struc ture used for fishing, supporting fishing operation, breeding fish, carrying fish, processing fish, fishery traininq and fishery research/exploration. 10.Working Area is a place being part of mainland and waters, which is used directly for fishery seaport ac tivities. 11. Operational ..... 11.0perational ~rea is mainland and waters directly in fluential to development of fishery seaport opera tion. 12.Evaluation Team is a team assigned to undertake site study on proposal related to technical standard, administrative feasibility and judicial feasibility, teen nical supervision and control as well as recommen dation about operational worthiness of fishery see port and established by the Director General. 13.Government is the Central Government. 14.Regional Government is provincial government and/ or municipal/regental government: is.Minister is the minister in charge of fishery affairs. 16.Direetor General shall be the Director General of Fish ing Affairs. CHAPTER II SCOPE Article 2 rhe scope of this regulation covers planning, buMing, operation, management and exploitation of fish eryseaport. CHAPTER III NATIONAL FISHERY-SEAPORT MASTER-PLAN Article.3 (l)The National Fishery-Seaport Master-Plan consists of: a. long-term Plan for 20 {twenty) years b. Medium-term Plan for 10 (ten) years c. Short-term Plan for 5 (five) years. (2)The national fishery-seaport master-plan as meant in paragraph (1·) is formulated by considering: a. the available potential of fishery resources; b. human resource potential; c. fishery Management Area (WPP); d. General Layout Plan of Provinces/Regencies/Cit ies; Business News 7473-7474/14-2-2007 16A e. Regional infrastructure support; f. Regional geographic and waters condition. (3)ln the implementation, fishery-seaport master plans can be evaluated by observing the national fishery~ seaport master plan. (4)The national fis.hery-seaport master-plan as meant in paragraph (1) is stipulated by a regulation of the Minister. CHAPTER IV FUNCTION OFFISHERY SEAPORT Article 4 (1) Fishery seaport functions to support activities related to the management and exploitation of fishery re sources and their environment, starting from ore production, production, processing to marketing. (2) The function of fishery seaport in supporting the ac tivities related to the management and exploitation of fishery resources as meant in paragraph (1) can be in the form of: a. berthing and achoring service for fishery ships and fishery supervisory ships; b. loading and unloading service; c. fostering quality and processing of fishery prod ucts; d. marketing and distributing fish; e. collecting data about fishing and fishery products; f. counseling and devel?ping fishermen; g. implementing operational actiVities of fishery ships; h. supervising and controlling fish resources; i, seaport administration; j. executing function of fish quarantine; k..publishing results of marine and fishery re searches; I. rnonnonnq coastal area and oceanic tourism; m. controlling environment (sanitation, security and order/K3}1 fire and pollution). CHAPTER V BUILDING OF FISHERY SEAPORT Article 5 ..... Article 5 (1)The government organizes and fosters fishery sea ports built by the government, provincial govern~ rnents, regental/munidpal governments, state-owned enterprises and private companies. (2)The government, provincial governments, regental/ municipal governments, state-owned enterprise-; and private companies planning to build fisherys seaports are obliged to follow the national fishery-seaport master-plan and its technical regulations. (3)The building of fishery seaports is realized through the phasing.of Study, Investigation, Detail Design, Construction, Operation and Maintenance (SIDCOM). (4)Technical regulations on the fishery-seaport master plan and phasing of SIOCOMas meant in paragraphs (2) and (3) are stipulated by the Director General. Article 6 The building of fishery seaports as meant in Article 5 paragraph (1) minimally must meet the follow ing requirements: a. stipulation of location from local regental/municipal government; b. building approval from the Minister. Article 7 (l)The stipulation of building location of fishery sea ports as meant in Article 6 letter a must refer to the national fishery-seaport master-pian. (2)The building location of fishery seaports as meant in paragraph (1) is stipulated by considering: a. regional layout plan; b. regional geography; c. number of fishermen in the region; d. socioand economic condition of local community; e. regional potential; f. the !even of need for seaport. (3)The building location of fishery seaports as meant in paragraph (1) is stipulated bv local regents/mayors. Business News 7473-7474/14-2-2007 17A Article 8 (1) Based on the stipulation of 1ocation from regents! mayors as meant in Article 7 paragraph (3), accorn panied by proposal, application for building fishery seaport is conveyed to the Minister through the Di~ rector General. (2)The proposal for bUilding fishery seaport as meant in paragraph (1) minimally contains: a. identity of applicant; b. deed ofestablishment in the case of state-owned enterprises and private company; c. copy of Fishery Business License (SIUP) in the case of state-owned enterprises and private corn pany; d. evidence of control over land where the location is planned; e. background of plan for building seaport; f. detail of design for fishery seaport and calcula tion; g. location point of the planned seaport; h. size, depth of waters basin, mainland of seaport location and description of the facilities, which will be built; i, site picture/map of the planned seaport and lay out of building plan; j, environmenta! analysis in accordance with the re quirements set forth in legislation on Environmen tal Impact Analysis (AMDAL); k. development period. (3)The evaluation team applies site-study related to techn~1 standard, administrative and judicial feasi bility to the proposal as meant in paragraph (2). (4) Based on result of the site-study on proposal already fulfilling the requirement by the evaluation team, the Director General passes on to the application for building fishery seaport to the Minister for securing ~tipiJlation Article 9 (1)The fishery seaport must be built by referring to de tail of design and technical standards for the build ing of fishery seaport. (2) In ...•. (2)ln realizing the building of fishery seaport, the evalu ation team undertakes technical supervision and con trol. CHAPTER VI OPERATION, MANAGEMENT AND MAINTENANCE OF FISHERY SEAPORT Article 10 (1) Operation of fishery seaport already built completely must secure prior approval from the Minister. (2)The approval of operation of fishery seaport as meant in paragraph (1) is issued by the Minister in the case of: a. the principal, functional and supporting faalities being already owned; b. recommendation about operational wothiness being already obtained from the evaluation team. (3)Provincial governments planning to operate fishery seaports submit application for approval of opera tion of fishery seaports to the Minister through the Director General. (4) Regental!municipal governments planning to oper ate fishery seaports submit application for approval of operation of fishery seaports to the Minister through the Director General, accompanied by rec ommendation from provincial governments. (5) State-owned enterprises and private companies plan ning to operate fishery seaports submit application for approval of operation of fishery seaports to the Minister through the Director General, accompamec by recommendation from pro\'inCia\ go\'emments and regental/municipal governments. Article 11 (l)Fishery seaports owned by the government, provin cial governments or reqental/munldpal governments are managed by Central Technical Executive Unit (UPT) or Regional UPT. (2) Fishery seaports owned by state-owned enterprises Business News 7473-7474/14-2-2007 18A or private companies can be managed directly or the management can be entrusted to other parties on the basis of approval of the Minister. Article 12 (1)Management of fishery seaports is responsible tor the maintenance of fadlities located at fishery sea ports. (2)Procedures for the maintenance and accountability for the maintenance of the facilities as meant in para graph (1) are subsequently stipulated by the Direc~ tor General. Article 13 (1)Management of fishery seaports owned by the gov ernment, provincial governments, regental/munici pal governments is led by a a chief of seaport. (2)Management of fishery seaports owned by state owned enterprises or private companies is led by a chief of seaport, securing stipUlation from the Direc tor General. (3)The chief of fishery seaport as meant in paragraph (2) can be nominated from cMI servant by the owner with the approval of the Director General. (4)The chief of fishery seaports acts as sole coordinator . in the operation of fishery seaports. (5)ln arranging and disciplining the operation of fishery seaports, the Chief of Fishery seaport can issue pro visions related to the operation of seaports. Article 14 (l)The implementation of administration functions at fishery seaports is coordinated by the chief of fish ery seaport by referring to mechanism of working relations. (2)The mechanism of working relations as meant in paragraph (1) is later stipulated specifically by the Minister. Article 15 . . . . . Article 15 Fishery seaports built by state-owned enterprises and private companies are obliged to accept officials appointed by the Director General in the framework of fostering, collecting data, supervision over navigation safety. 19A c. having quay 150 m in length and water basin in a depth of minus 3 m at the minimum; d. capable of accommodating minimally 75 fishery ships or the total weight of 2/250 GT of fishery ships in lump sum; e. having fishery industry. CHAPTER VI CLASSIFICATION OF FISHERY SEAPORT Article 16 Fishery seaports are classified into 4 (four) classes, namely: a. Ocean fishery seaport (PPS); b. National Fishery Seaport (PPN); c. Coastal Fishery seaport (PPP); d. Fish landing Base (PPI). Article 17 The ocean fishery seaport as meant in Article 16 Jetter a is stipulated on the basis of technical criteria as follows: a. serving fishing ships undertaking fishery activities on territorial sea, Indonesian Economic Exclusve Zone and free sea; b. having berthing facility for fishing ship measuring 60 GT at the minimum; c. having quay 300 m .in length and water basin in a depth of minus 3 m at the minimum; d. capable of accommodating minimally 100 fishery ships or the total weight of 6,000 GT of fishery ships in lump sum; e. part of the landed fish is destined to the export; f. having fishery industry. Article 18 The national fishery seaport as meant in Article 16 letter b is stipulated on the basis of technical criteria as follows: a. serving fishing ships undertaking fishery activities on territorial sea, Indonesian. Economic Exclusve Zone~ b. having berthing facility for fishing ship measuring 30 GT at the minimum; Business News 7473-7474/14-2-2007 Article 19 The coast fishery seaport as meant in Article 16 letter c is stipulated on the basis of technical criteria as follows: a. serving fishing ships undertaking fishery activities on remote sea, archipelagic sea and territorial sea; b. haVing berthing facility for fishing ship measuring 10 GT at the minimum; c. having quay 100 m in length and water basin in a depth of minus 2.m at the minimum; d. capable of accommodating minimally 30 fishery ships or the total weight of 300 GT of fishery ships in lump sum. Article 20 The fish landing base as meant in Article 16 let ter d is stipulated on the basis of technical criteria as follows: a. serving fishing ships undertaking fishery activities on remote sea and archipelagic sea; b. having berthing facility for fishing ship measuring 3 GT at the minimum; c. having quay 50 m in length and water basin in a depth of minus 2 m at the minimum; d. capable of accommodating minimally 20 fishery ships or the total weight of 60 GT of fishery ships in lump sum. Article 21 (l)The Class of the fishery seaport as meant in Article 16 letters b, c and d can be promoted on the basis of technical criteria. (2)Promotion of class of fishery seaports built by the government is proposed by the Director General to the Minister after securing recommendation from re gents/mayors. (3) Promotion ..... (3)Promotion of class of fishery seaports built by pro vincial governments is proposed by governors to the Minister through the Director General after se curing recommendation from regents/mayors. (4) Promotion of class of fishery seaports built by re gental/municipal governments is proposed by re gents/mayors to the Minister through the Director General. (5)Procedures for promoting class of the fishery sea port are stipulated further by the Director General. CHAPTER VIII FAQUllES OF FISHERY SEAPORT Article Z1 (l)FaciHties at fishery seaport cover: a. principal facilities; b. functional facilities; c. supporting facilities. (2)The principal facilities as meant in paragraph (1) let ter a minimally cover: a. protector, such as breakwater, revetment and groin in the case of the facilities beeing needed technically; b. berthing, such as pier and jetty; Co waters such as basin and navigation lane; d. connector, such as road, drainage, tunnel and bridge; e. land of fishery seaport. (3)The functional facilities as meant in paragraph (1) letter b minimally cover: a. marketing of fisbery products, such as fish auc tion place (TPI); b. shipping navigation and communications, such as telephone, internet, SSB, marks, signal light and controlling tower; c. supply of drinking-water[ ice and electricity; d. maintenance of ship and fiShing toots, such as dock/sHpway, workshop and net repairing place; e. handling and processing of fishery products, such as transit sheet and quality fostering laboratory; Business News 7473-7474/14-2-2007 20A f. office buildIng such as seaport administration of fICe; g. transportation such fish and ice carriers; and h. waste treatment, such as IPAL (4)The supporting facilities as meant n paragraph (1) letter c minimally cover: a. fishermen fostering, such as fishermen assembly center; b. seaport management, such as mess of operators, sentry, and integrated service post; c. social and public, such as worship place and toi let; d. information and technology kiosk; e. implementation of publlc-admtnlstratton function. (S)The operational facilities of public-administration function as meant in paragraph (4) letter c minimally cover: a. navigation safety; b. sanitation, se<Afiity and order; c. customs and excise; d. immigration; e. fishery supervision; f. pubttc health; and g. fish quarantine. Article 23 The facilities which must be available at fishery seaports for operational affairs minimally cover: a. principal facilities, such as quayI waters basin and waters lane; b. functional facilities, among others, office, drinking water, electricity and fish handling facilities; c. supporting facilities, among others, sentry and toi let. Article 24 Technical specifications of the building of the facilities as meant in Article 19 are regulated by a spe cial regulation of the Minister. CHAPTER IX COMMERCIAl OPERATION OF FISHERY SEAPORT Article 2S .•... 21A Article 25 (1) Fishery seaports managed by the government, pro vincial qovernments, regentaljmunidpal governments and state-ownd enterprises and private companies can be operated commercially. (2)The commercial operation of the fishery seaportsas meant in paragraph (1) is in the form of rental of facilities and provision of services. (3)The rental of facilities as meant in paragraph (2) covers: a. rental of landi b. rental of bUildings; c. rental of equipment. (4)Provision of the services as meant in paragraph (2) covers: a. ship service; b. goods and tool service; c. service for fulfiling logistics of fishery ships; d. cold storage service; e. ship repairing service; f. fish auction service: g. entry pass and parking service: h. other services in accordance with legislation in force. (S)The commercial operation of the fishery seaports as meant in paragraph (1) can be done in the form of Joint Operation Cooperation (KSO) with the third party in accordance WIth legIslatIon In force. Article 26 (l)Everybody or statutory body utilizing or using the facilities of fishery seaportsmust undertake mainte nance. (2)Persons or statutory bodiescausing the facilities as meant in paragraph (l) to damage because of their actions or negligence are obliged to pay compensa tion. (3)The amount of the compensation as meant in para graph (2) is stipulated in accordance with the repair Business News 74.13--7474/14·2-2007 iog cost of the facilities Of in accordance with the cost of substitution to the used facilities. (4)The persons or statutory bodies as meant in para graph (2) are obliged to give up guarantee to fishery seaport management beforethe facilities are repaired. CHAPTER X WORKING AREA AND OPERATlONALAREA OF FISHERY SEAPORT Article 27 (l)ln the interest of fishery seaport operation, borders of work.ing areas and operational areas of fishery seaports are stipulated on the basis of master plan already stipulated. (2) Borders of working areas and operational areas of fishery seaports are stipulated by geographic coor dinate to guarante activities of fishery seaports. (3)The working area of fishery seaports consists of: a. mainlandarea for activitiesof principal, functional and supporting facllltles; b. waters area for activities of naglvation lane, load ing and unloading placeof fishery ships, berthing and anchoring, ship basin, seaport affairs activi ties and ship repairing place. (4)Thf> operational area offishery seaportsconsists of: a. mainland area of fishery seaport operation, covering mainland for fishery seaport develop ment, consisting of road access and fishery re settlement area; b. waters area of fishery seaport operationcovering waters for development of fisheryseaports, com posed of navigation lane from and to fishery sea ports, need for emergency condition. piloting ac tiVity, ship building, trial run of ships and place ment of dead ships. Article 28 (l)The working area and operational area of fishery seaports are stipulated by the Minister after secur ing recommendation from regents/mayors of local regions. (2) The ..... (2)The Minister stipulates the working area and opera tional area of fishery seaport sharing border or the same interest with other institutions after coordinat ing with the institutions. 22A f. implementing seaport actiVities; g. performing function of fish quarantine; h. controling environment (sanitation, security and order/K3, fire and pollution). CHAPTER XI fOSTERING AND REPORTING Artide 29 (l)The Director General fosters fishery seaports and technically and operationally. (2)In the interest of the fostering as meant in para graph (1), the Chiefof fishery seaports is obliged to convey report on activities of fishery seaports every month to the DirectorGeneral witha copymadeavail able to governors and reqents/rnavors, (3)Model and format of the report as meant in para graph (2) and follow up to the report are regulated by the Director General. CHAPTER XII MISCELLANY Article 30 In a bid to enhance capability and welfare of fishery sociaty around fishery seaports, the Chief of fish ery seaports is obliged to undertake fostering. Article 31 Supervision and control over the operation of fj~hery seaports are executed by the Director General. Article 32 (1)Seaporrs buntby privatecompanIes to undertak.e Iish ery activities for both interest of the private compa niesand the third party are obliged to perform func tions of fishery seaports. (2)TtJe functions of the fishery seaports as meant in paragraph (l) consist of: a. fostering quality and processing fishery products: b. collecting data about fishing and fishery products; c. counseling and developing fishermen; d. undertaking operational activities of fishery ships; e. supervising and controlling fish resources; Business News 7473-7474/14-2-2007 (3}The functions of the fishery seaports as meant in paragraph (1r are executed by local fishery sea ports. (4)Further provisions on the seaports are regulated by a regulation of the Minister. CHAPTER XIII TRANSmONAL PROVISION Article 33 Fishery seaports built by state-owned enterprises and private companies alreadyexisting beforethis regu lation is stipulated, must have implemented this regula tion in not later than 2 (two) years. Article 34 With the enforcementof this regulation, aU tech nical directives for Decreeof the Minister of Mar.ine and Fishery No. KEP.I0/MEN/2004 on Fishery Seaport re main effective as long as they do not contravene or have not been replaced by new legislation. CHAPTER XIV CONCLUSION Article 35 With the stipulation of tl1is regulation, Decree of the the Minister of Marine and Fishery No. KEP.l0! MEN/2004 on FisherySeaport is declared null and Void. Article 36 The regulationcomesinto forceasfrom the date of stipulation. Stipulated in Jakarta On June 23,2006 THE MINISTER OF MARINE AND FISHERY Sgd FREDDY NUMBERI . ===( AL)===