Regulation of the Minister of Marine and Fishery of RI No. 1/PERMEN-KP/2013 - Instrument for Monitoring Fish Catching Boat and Fish Transporting Boat

22 GOVERNMENT REGULATIONS INSTRUMENT FOR MONITORING FISH CATCHING BOA T AND FISH TRANSPORTING BOAT (Regulation of the Minister of Marine and Fishery of R.I. Number 1/PERMEN-KP/2013, dated February 20, 2013) WITH THE BLESSING OF THE ONE ANO ONL Y GOO THE MINISTER OF MARINE ANO FISHERY OF THE REPUBLIC OF INOONESIA, Considering: a. in the context of stipulating policy on preserved The Sea (Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut) (Statute Book of the Re­ public of lndonesia Year 1985 Number 76, Sup­ plement to Statute Book of the Republic of lndo­ nesia Number 3319); and continuous management of fish resource, it is 3. Law Number 21 Year 2009, concerning Ratifica necessary to support the objective and accurate tion Agreement For The lmplementation of The data on fish catching and fish transport obtained Provisions of The United Nation Convention on there and then on the fish catching and fish trans- The Law of The Sea of 1 O Oecember 1982 Re port; lating To The Conservation and Management of Straddling Fish Stock and Highly Migratory Fish b. therefor, it is necessary to govern monitoring of fish catching boat and fish transporting boat in Regulation of the Minister; ln view of: 1. Law Number 5 Year 1983 (BN No. 3978 pgs. 1 B 8B), concerning lndonesian Exclusive Economy Zone (Statute Book of the Republic of lndonesia Year 1983 Number 44, Supplement to Statute Book of the Republic of lndonesia Number 3260); 2. Law Number 17 Year 1985, concerning Ratifica Stocks (Persetujuan Pelaksanaan Ketentuan-Ke­ tentuan Konvensi Perserikatan Bangsa-Bangsa) concerning Law on Sea, dated Oecember 1 O, 1982 pertaining to Preservation and Manage­ ment of Fish Stock Limited Straddling and Fish Stock Straddling Atar) (Konservasi dan Pengelo­ laan Sediaan lkan yang Beruaya Terbatas dan Se­ diaan lkan yang Beruaya Jauh) (Statute Book of the Republic of lndonesia Year 2009 Number 95, Supplement to Statute Book of the Republic of lndonesia Number 5024); tion of United Nations Convention on The Law of 4. Law Number 31 Year 2004 (BN No. 7144 pgs. Business Hews 8475-8476111-6-2013 GOVERNMENT REGULATIONS I 5. 78-128), concerning Fishery (Statute Book of the Republic of Indonesia Year 2004 Number 118 Supplement to Statute Book of the Repub lic of Indonesia Number 4433), as amended by Law Number 45 Year 2009 (Statute Book of the Republic of Indonesia Year 2009 Number 154, Supplement to Statute Book of the Republic of Indonesia Number 5073); Presidential Regulation Number 9 Year 2007, concerning Ratification of Agreement for The Establishment of The Indian Ocean Tuna Com mission (Persetujuan Pembentukan Komisi Tuna Samudera Hindia); 6. Presidential Regulation Number 109 Year 2007, concerning Ratification of Convention for the Conservation of Southern Bluefin Tuna (Konvensi tentang Konservasi Tuna Sirip Biru Selatan); 7. Presidential Regulation Number 47 Year 2009, concerning Establishment and Organization of the State Ministry, as amended by Presidential Regu lation Number 91 Year 2011 (Statute Book of the Republic of Indonesia Year 2011 Number 141); 8. Presidential Regulation Number 24 Year 2010, concerning Capacity, Duty, and Function of the 1 State Ministry and Organizational Structure, Duty Year 2011 (Statute Book of the Republic of Indo nesia Year 2011 Number 142); 9. Regulation of the Minister of Marine and Fish ery Number PER.12/MEN/2012 concerning Fish Catching Business on the Open Sea (State Ga zette of the State of the Republic of Indonesia Year 2012 Number 668); 10. Regulation of the Minister of Marine and Fish ery Number PER.30/MEN/2012 concerning Fish Catching Business within Fishery Processing Area of the State of the Republic of Indonesia (State Gazette of the Republic of Indonesia Year 2013 Number 81 ); 11 . Decision of the Minister of Marine and Fishery Number KEP.06/MEN/2010, concerning Fish Catching Instrument within Fishety Management Area of the State of the Republic of Indonesia; With due Observation of: 1 . Agreement to Promote Compliance with Interna tional Conservation and Management Measures by Fishing Vessel on the High Seas, 1993; 2. Agreement for the Establishment of Indian Ocean Commission; and Function of Echelon I of the State Ministry, as 1 3. Convention for the Conservation of Southern amended by Presidential Regulation Number 92 ' Bluefin Tuna, 1994; Business News 8475-8476I 11-6-2013 ! 23 24 ••n 11111•1: a .. s 4. Recommendation IOTC 01 /01 Concerning the Na tional Observer Programmes for Tuna Fishing in the Indian Ocean; 5. Convention for the Conservation and Manage ment of Highly Migratory Fish Stock for Western and Central Pacific Fisheries Commission, 2000; 6. Code of conduct for Responsible Fisheries, Food and Agriculture Organization of the United Na tions 1995; DECIDES: catch result, area of fish catch, time of fish catch, type of fish catch instrument, and supportig fish catching instrument, including fish transporting activity from fish catching boat to fish catching boat and/or to the fish transporting boat as per mitted. 2. Monitoring of Fish Catching and Fish Transport shall be any citizen of the State of the Republic of having the knowledge and expertise in monitoring fish catching boat and fish transporting boat. 3. Goods (Borang ?) shall be work paper on Moni toring of Fish Catching and Fish Transport con To stipulate: mtaining information that must be collected by REGULATION OF THE MINISTER OF MARINE AND Monitoring of Fish Catching and Fish Transport FISHERY ON MONITORING FISH CATCHING BOAT in the monitoring of fish catching boat and fish AND FISH TRANSPORTING BOAT. transporting boat as referred to above. CHAPTER I 4. Fishery Processing Area of the State of the Re GENERAL PROVISION public of Indonesia, hereinafter referred to as Part One WPP-NRI, shall be fishery processing area for fish Interpretation catch covering Indonesian waters, Indonesian Article 1 Exclusive Economy Zone, rivers, lakes, dams, What is meant in this Regulation of the Minis- marshland, and other water pool that potentially ter by: may be utilized for business within the territory of 1 . Monitoring of Fish Catching and Fish Transport the Republic of Indonesia. on fish catching boat and fish transporting boat, hereinafter referred to as Monitoring, shall be au- 5. Open sea shall be part of the sea not covered in tomatic monitoring activity of fish catching boat the ZEEI, Indonesian sea territory, Indonesian is and fish transporting boat and recording of fish lands waters, and Indonesian inland waters. Business News 8475-8476/11-6-2013 6. Minister shall be Minister of Marine and Fishery. 7. Director General shall be Director General of Fish ery Catch. Part Two Scope and Objective Article 2 Scope of Regulation of the Minister apllies to: a. fish catching boat of the size above 30 gross ton nage (GT) operating within WPP-NRI and open sea; and b. fish transporting boat operating within the WPP NRI and open sea. Article 3 The objective of monitoring is to obtain data that is objective and accurate on th fish catching ac tivity and fish transport activity obtained directly by fish catching boat and fish transporting boat. CHAPTER II REQUIREMENTS FOR MONITORING OF FISH CATCHING AND FISH TRANSPORT Article 4 ( 1) The requirements for Monitoring of Fish Catching and Fish Transport consists of the followingi: a. Civil Servant Employee dan Non Civil Servant Employee. b. Indonesian citizen (WNI); c. education: 1) Bachelor of Art (S 1) or Diplom IV in the field of fishery, marine, or biologically; 2) Diplom Ill in the field of fishery, marine, or biological with working experience on sea affairs is at least one (1) year; or 3) Secondary Public School on Fishery (SUPM)/ Secondary Vocational School (SMK) on Fishery with work experience on sea affairs at least three (3) years. d. mentally and physically healthy based on statement letter from the Government-owned hospital; e. possess seamen book; f. possess passport for Monitoring Fish Catch ing and Fish Transport operating in open sea; and g. holds Certificate stating Completion of Train ing on Monitoring of Fish Catching and Fish Transport issued by work unit responsible on lmprovment of Capacity of Human Resource on Marine and Fishery. (2) Monitoring of Fish Catching and Fish Transport that complies with the requirements referred to in Business News 8475-8476I 11-6-2013 I 25 26 GOVERNMEt-H REGULATIONS paragraph ( 1) shall be stipulated in Decision of the Director General. Article 5 (1) To obtain Certificate on Completion of Training on Monitoring of Fish Catching and Fish Trans port as referred to in Article 4 paragraph ( 1) letter g, must attend training. (2) The training referred to in paragraph ( 1 ) must at least cover: a. basis of fishery management; b. identification on the type of fish (including type of fish under protection); c. metodology for data collection; d. technology for fish catching; e. management of fish species under protection; f. technology for data collection and input; g. statutory regulation on fisheryt; and h. knowledge on filling-in the borang. (3) Further provision on requirements for training and technical training referred to in paragraph (2) shall be stipulated in Decision of the Head of Develop ment Agency on Marine and Fishery Human Re source. CHAPTER Ill DUTY AND FUNCTION IN MONITORING OF FISH CATCHING AND FISH TRANSPORT Article 6 ( 1) Monitoring of Fish Catching and Fish Transport shall be: a. obvserve, scale, record, and report activity on fish catching activity; and b. observe, record, and report activity on fish transhipment at sea from fish catching boat to fish trasporting boat. (2) In running the duty referred to in paragraph ( 1), Monitoring of Fish Catching and Fish Transport shall function to: a. record and collect data on fish catching cover ing data of the boat, fish catching equipment and/or fish catching supporting tools, data on fish catching result, location of fish catching, volume and time for setting and hauling fish catch tools (setting-hauling); b. observe and record the result of fish by-catch (bycatch) which by ecology related to (eco logically related species) of tuna fish, shrimp dragnet, and fish dragnet; and c. record and collect data on fish transhipment at sea covering the type, volume and size of the result of fish catch being transhipmen tred, and data of boats conducting the fish transhipmentring activity at sea. (3) The result of the monitoring referred to in para Business News 8475-8476/ 11-6-2013 GOVERNMENT REGULATIONS graph (2) shall be stipulated in Borang in the form and format of as specified in the Attachment con stituting inseparable part of this Regulation of the Minister. (4) Further provision on procedure for filling-in the Borang referred to in paragraph (3) shall be stipu lated in Decision of the Diretor General. CHAPTER IV ASSIGNMENT FOR MONITORING FISH CATCHING AND FISH TRANSPORT Article 7 ( 1) Assignment of Monitoring Fish Catching and Fish Transport shall be made by the Director General on: a. fish catching boat using fish catching equip ment in the form of purse seine and long line for boat operating on open sea; and b. fish catching boat operating within WPP-NRI using fish catching equipment in the form of group of: 1) fishing hook; 2) spreading net, hauling net, and gills hooked; and 3) hauling net and drag net. c. fish transport boat operating within the WPP NRI and open sea. (2) Standar operasional prosedur of assignment of Monitoring of Fish Catching and Fish Transport shall be stipulated in Decision of the Director Gen eral. CHAPTER V RIGHTS AND OBLIGATIONS OF MONITORING FISH CATCHING AND FISH TRANSPORT Article 8 (1) Monitoring of Fish Catching and Fish Transport at sailing has the right to: a. obtain protection of safety, health and life in surance; b. obtain sailing money based on the term of as signment; c. hold communication with the Head of Har bour that is relevant to his duty and tune tion; d. obtain accommodation and consumption; and e. obtain complete working equipment accord ing to the standard of equipment for Monitor ing of Fish Catching and Fish Transport. (2) Other than the rights referred to in paragraph ( 1), Monitoring of Fish Catching and Fish Transport has the right to: a. obtain transport cost from the point of origin to the location of departure of the boat and when returning to point of origin aftre com pleting the task; and Business News 8475-8476! 11 ·6·2013 27 28 , GOVERNMENT REGULATIONS b. obtain accommodation fee and pocket money one ( 1) day prior to sailing and one ( 1) after sailing in accordance with the provisions in the statutory regulation. (3) Monitoring of Fish Catching and Fish Transport must: a. keep confidentiality of the data on the result of Monitoring; and b. report the result of observance and recording according to the borang to th Director Gen eral. CHAPTER VI RIGHTS AND OBLIGATIONS OF BOAT OWNER OR FISHERY COMPANY Article 9 ( 1) The Boat Owner or fishery company assigned to receive Monitoring of Fish Catching and Fish Transport has the right to obtain guarantee on confidentiality of the data on fish catching and fish transportation. (2) The Boat Owner or fishery company appointed to receive Monitoring of Fish Catching and Fish Transport shall be obliged to: a. receive Monitoring of Fish Catching and Fish Transport; b. guarantee the safety of Monitoring of Fish Catching and Fish Transport; c. guarantee communication on Monitoring of Fish Catching and Fish Transport with the Head of harbour relating to his duty and func tion; and d. provide accommodation and consumption for Monitoring of Fish Catching and Fish Trans port during the course of sailing. (3) The obligation referred to in paragraph (2) when the boat is sailing must be complied with by the Captain. CHAPTER VII FINANCING Article 10 Finance of implementation of Monitoring orig inates from: a. the boat owner or the party responsbile for the company for monitoring activity of fish tranship ment (transhipment) on open sea. b. State Revenue and Expenditure Budget for: 1) monitoring activity within the WPP-NRI; and 2) monitoring activity of fish catching boat on open sea. CHAPTER VIII REPORTING Article 11 ( 1 ) Monitoring of Fish Catching and Fish Transport in conducting his duty and function shall report the result of observance and recording according Business News 8475-8476/ 11·6-2013 GOVERNMENT REGULATIONS to the borang to the Dircector General within five (5) working days effective as of completion of the assignment. (2) The Director General bsaed on the report referred to in paragraph ( 1) shall: a. conduct verification, such as, examination of authenticity of the recording and report of bo rang based on the data in the log book on fish catch. b. validation, such as, testing on the authentic ity of the data of borang with the data in the log book on fish catch; c. Analysism such as, examination, recapitula tion, and analysis of data of the borang re ported; d. decision making on the final result of activity on analysis of the borang reported. (3) Based on the result of verification, validation, analysis, and decision making as referred to in paragraph (2), the Director General shall submit report to the Minister for consideration on the policy on fishery management. CHAPTER IX PENALTY Article 12 ( 1) Monitoring of Fish Catching and Fish Transport that fails to comply with the obligation referred to in Article 8 paragraph (3) is subject to administra tive penalty. (2) The administrative penalty referred to in para graph ( 1) will be charged by the Director General. Article 13 ( 1 l The adminsitrative penalty referred to in Article 1 2 paragraph ( 1 l in the form of: a. written reminder; b. temporary release of duty; c. dismissal. (2) The administrative penalty in the form of written reminder referred to in paragraph ( 1 l letter a shall be charged on Monitoring of Fish Catching and Fish Transport the violates the provision referred to in Article 8 paragraph (3) letter b. (3) Failure to comply with the obligation after seven (7) days as of the written reminder referred to in paragraph (2), Monitoring of Fish Catching and Fish Transport is subject to penalty in the form of temporary release of duty for maximum one ( 1) month. (4) Compliance with obligation of Monitoring of Fish Catching and Fish Transport prior to exp\f'I o1 the term referred to in paragraph (3}, the penalty in Business News 8475-8476/11-6-2013 29 30 the form of temporary release is cancelled and may be re-assigned. (5) If the term referred to in paragraph (3) expires and Monitoring of Fish Catching or Fish Transhipment fails to comply with the obligation this is subject to administrative penalty in the form of dismissal. (6) Violation of the provision referred to in Article 8 paragraph (3) letter a is subject to administrative penalty in the form of dismissal. (7) Dismissed Monitoring of Fish Catching and Fish Transport may not be appointed again and put on duty again as Monitoring of Fish Catching and Fish Transport. Article 14 Monitoring of Fish Catching and Fish Trans port holding status as Civil Servant Employee othr than subject to the penalty referred to in Article 13, may also be suject to penalty in accordance with the provisions in the statutory regulation. Article 15 If the boat owner or fishery company, and : Captain fails to comply with the obligation referred to in Article 9 paragraph (2), fish catching boat or fish transporting boat wherein monitor will be placed will not be granted Approval Certificate for Sailing. ' CHAPTER X CLOSING PROVISION Article 16 This Regulation comes to force on the date it is enacted. For public cognizance, this Regulation of the Minister shall be announced by placing it in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta Dated February 20, 2013 MINISTR OF MARINE AND FISHERY OF THE REPUBLIC OF INDONESIA, sgd. SHARIF C. SUT ARDJO Enacted in Jakarta Dated June 22, 2013 MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA, sgd. AMIR SYAMSUDIN Note from Editor: Due to technical reason no Attachment is provided herein. (MA) Business News 8475-8476111-6-2013