Government Regulation No. 60/2007 regarding the conservation of fishery resources

REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA NUMBER 60 OF 2007 ON CONSERVATION OF FISH RESOURCES BY THE BLESSINGS OF ALMIGHTY GOD THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering : that for the purpose of administering the provision of Article 13 of Law Number 31 of 2004 on Fisheries, it is necessary to establish a Government Regulation on Conservation of Fish Resources; Observing : 1. Article 5 section (2) of the 1945 Constitution of the Republic of Indonesia; 2. Law Number 31 of 2004 on Fisheries (State Gazette of the Republic of Indonesia of 2004 Number 118, Supplement to the State Gazette of the Republic of Indonesia Number 4433); HAS DECIDED: To enact : REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA ON CONSERVATION OF FISHERY RESOURCES. 2 CHAPTER I GENERAL PROVISIONS Article 1 In this Government Regulation: 1. Conservation of fish resources means a set of measures for the purposes of protection, preservation, and utilization of fishery resources, including the ecosystems, species, and genetics to ensure the existence, availability, and continuity while maintaining and improving the qualities of value and diversity of the fishery resources. 2. Conservation of ecosystem means a set of measures for the purposes of protection, preservation, and utilization of functions of an ecosystem as a buffer habitat for the current and future lives of aquatic biota. 3. Conservation of fish species means a set of measures for the purposes of protection, preservation, and utilization of the fish resources for the purpose of ensuring the existence, availability and sustainability of the fish species for the current and future generations. 4. Conservation of fish genetic means a set of measures for the purposes of protection, preservation, and utilization of the fish resources to ensure the existence, availability and sustainability of fish genetic resources for the current and future generations. 5. Fish resources mean the potentiality of all fish species. 6. Fish means all types of organisms in which their whole or partial life cycles are spent within waters environment. 7. Ecosystem means an arrangement of elements of the fish resources and their environments that form a system in which the elements unite thoroughly and interact to one another in giving rise to form balance, stability, and productivity of the fish resources. 8. Waters Conservation Area means a waters area which is protected and managed under a zoning system for the purpose of actualizing the sustainable management of the fish resources and their environments. 3 9. Marine National Park means a marine conservation area with original ecosystems used for the purposes of research, science, education, sustainable fishing support, marine tourism, and recreation. 10. Waters Sanctuary means a waters conservation area with certain characteristics for the protection of biodiversity of fish species and their ecosystems. 11. Marine Park means a waters conservation area for the purposes of marine tourism and recreation. 12. Fish Sanctuary means a certain area of waters, either freshwater, brackish water, or the sea with certain specific conditions and characteristics as a refuge or breeding area of certain fish species; which function as a protection area. 13. Any person means an individual person or a corporation. 14. Corporation means a group of persons and/or well organized assets both as a legal entity and as a non-legal entity. 15. Central Government, hereinafter referred to as the Government, means the President of the Republic of Indonesia who holds the executive governmental power of the Republic of Indonesia as referred to in the 1945 Constitution of the Republic of Indonesia. 16. Local Government means governors, regents/mayors, and local officials being elements of the local government administration. 17. Minister means the minister who is responsible for Fisheries Affairs. Article 2 (1) Conservation of fish resources is carried out pursuant to the principles of: a. benefit; b. fairness; c. partnership; d. equality; e. integration; f. transparency; 4 g. efficiency; and h. sustainability . (2) The conservation of fish resources is undertaken pursuant to the principles of: a. precautionary approach; b. consideration of scientific evidence; c. consideration of local wisdom; d. community-based management; e. integration of coastal zone development; f. prevention of overfishing; g. development of fishing gear, fishing methods and environment-friendly fish culture; h. consideration of community’s socio-economic conditions; i. sustainable utilization of biodiversity; j. dynamic protection of natural structures and functions of aquatic ecosystems; k. protection of fish species and fish genetic qualities; and l. adaptive management. Article 3 The conservation of fish resources becomes the responsibility of the Government, the local governments, and public. CHAPTER II CONSERVATION OF FISH RESOURCES Part One General Article 4 The conservation of fish resources covers: a. conservation of ecosystem; b. conservation of fish species; and c. conservation of fish genetic. 5 Part Two Conservation of Ecosystem Article 5 (1) The conservation of ecosystem is carried out in all types of fish resources-associated ecosystems. (2) The types of the fish resources-associated ecosystems as referred to in section (1) consist of: a. sea; b. seagrass bed; c. coral reef; d. mangrove; e. estuary; f. coast; g. marsh; h. river; i. lake; j. reservoir; k. embung; and l. artificial aquatic ecosystem. Article 6 (1) The conservation of ecosystem as referred to in Article 5 section (1) is carried out by means of: a. protection of fish habitats and population; b. rehabilitation of fish habitats and population; c. research and development; d. utilization of fish resources and environmental services; e. community’s socio-economic development; f. surveillance and control; and/or g. monitoring and evaluation. (2) The conservation of ecosystem as referred to in section (1is carried out in compliance with the fish resources data, information, and environment. (3) Further provisions regarding the measures of the conservation of ecosystem as referred to in section (1) and section (2) are regulated by a Ministerial regulation. 6 Article 7 (1) For the purpose of restoring the conditions of fish resources habitats and to protect fish species breeding cycles, the Minister establishes the opening and closing of a certain waters area for fishing activities. (2) The opening and closing as referred to in section (1) are performed by considering: a. destruction level of fish habitats; b. fish breeding season; and/or c. level of overfishing. (3) Further provisions regarding the opening and closing of the waters area as referred to in section (1) and section (2) are regulated by a Ministerial regulation. Article 8 (1) One type or several types of the fish resources-associated ecosystems as referred to in Article 5, section (2) may be designated as a waters conservation area. (2) The waters conservation area as referred to in section (1) consists of a marine national park, a marine park, a waters sanctuary, or a fishsanctuary. (3) The waters conservation area as referred to in section (1) is designated by the Minister. Article 9 (1) The designation of the waters conservation area as referred to in Article 8 section (3) is done based on the criteria of: a. ecology, which includes biodiversity, naturalness, ecological connectivity, representativeness, uniqueness, productivity, migration area, habitats of rare fish, spawning ground, and nursery ground; b. socio-culture, which includes community’s support level, potential conflicts of interest, potential threats, local wisdom and traditional customs; and c. economy, includes important fisheries values, recreational and tourism potentials, aesthetics, and easy access to an area. 7 (2) Further provisions regarding the criteria for the designation of the waters conservation area as referred to in section (1) are regulated by a Ministerial regulation. Article 10 The waters conservation area as referred to in Article 8 which has biophysical and socio-cultural potentials that are deemed to be globally highly important may be proposed by the Government to international agencies authorized for natural world heritage sites in accordance with the legislation. Article 11 (1) The designation of the waters conservation area as referred to in Article 8 section (3) is carried out through the stages of: a. proposed initiative; b. identification and inventory; c. designation of a waters conservation area; and d. establishment. (2) For an establishedwaters conservation area, the designation of its borders is set up by a border committee. (3) Further provisions regarding the designation of the borders as referred to in section (2) are regulated by a Ministerial regulation. Article 12 (1) An individual person, a community group, a research institute, an educational institute, a government agency, and a non-governmental organization are allowed to take initiatives to propose the designation of a potential waters conservation area as referred to in Article 11 section (1) point a. (2) The proposal as referred to in section (1) is submitted to the Government or local government by providing preliminary assessments and site maps. (3) Further provisions regarding the preliminary assessments and the maps as referred to in section (2) are regulated by a Ministerial regulation. 8 Article 13 (1) Based on the proposed designation of the potential waters conservation area as referred to in Article 12, the Government or the lcoal government with its respective authorities undertakes identification and inventory of the potential waters conservation areas through community participation. (2) The identification and inventory measures include surveys and assessments of potentials, dissemination, public consultation, and coordination with relevant institutions. (3) Further provisions regarding the identification and inventory measures as referred to in section (1) and section (2) are regulated by a Ministerial regulation. Article 14 (1) The results of the identification and inventory on the potential waters conservation area as referred to in Article 13 that potentially have conservation interests and values, may be used for the designation of a waters conservation area. (2) The designation of the waters conservation area as referred to in section (1) is stipulated by the Minister, the governor, or the regent/mayor in accordance with their respective authorities. (3) The governor or the regent/ mayor propose the designation of the waters conservation area to the Minister in compliance with the required designation area as referred to in section (2). (4) In compliance with the proposed waters conservation area as referred to in section (3), the Minister or the designated official undertakes evaluations. (5) In compliance with the evaluation results as referred to in section (4), the Minister may establish a waters conservation area. (6) Further provisions regarding the reservation process of a waters conservation area as referred to in section (1), section (2), section (3), section (4), and section (5) are regulated by a Ministerial regulation. 9 Article 15 (1) The established waters conservation area as referred to in Article 14 section (5) is managed by the Government or the local government in accordance with their respective authorities. (2) The management of the waters conservation area as referred to in section (1) is carried out by an organizational management unit in accordance with the legislation. Article 16 (1) The waters conservation area managed by the Government as referred to in Article 15 section (1) covers: a. marine waters beyond 12 (twelve) nautical miles measured from the coastline toward the sea and/or toward the archipelagic waters. b. marine waters situated within the jurisdiction of management territory between provinces; or c. marine waters with particular characteristics. (2) The waters conservation area managed by the provincial government covers: a. marine waters as far as 12 (twelve) nautical miles measured from the coastline toward the sea and/or toward the archipelagic waters; and b. waters conservation area within the jurisdiction of management territory between regencies/municipalities. (3) The waters conservation area managed by the regency/municipal governments covers: a. marine waters with a distance of 1/3 (one third) out of the jurisdiction of provincial management territory; and b. brackish waters and/or fresh waters that are within the jurisdiction. Article 17 (1) The management of waters conservation area as referred to in Article 15 section (1) is carried out pursuant to the management plan of the waters conservation area. 10 (2) The management plan of the waters conservation area as referred to in section (1) is prepared by the organizational management unit. (3) Each management plan of the waters conservation area must involve the zoning of the waters conservation area. (4) The zoning of the waters conservation area as referred to in section (3) consists of: a. a core zone; b. a sustainable fisheries zone; c. a utilization zone; and d. other zones. (5) Further provisions regarding the management plan and the zoning of a waters conservation area as referred to in section (1), section (2), section (3), and section (4) are regulated by a Ministerial regulation. Article 18 (1) The Government or the local government, in accordance with their respective authorities in the management of a waters conservation area as referred to in Article 15 section (1), may involve the public through partnerships among organizational management units, community groups and/or indigenous people, non-governmental organizations, corporations, research institutes, and universities. (2) Further provisions regarding the partnerships as referred to in section (1) are regulated by a Ministerial regulation. Article 19 (1) In the management of waters conservation area, the network of the waters conservation area at local, national, regional, and international levels may be established. (2) The network of the waters conservation area as referred to in section (1) is established building upon the biophysical connectivities between the waters conservation area that is accompanied by scientific pieces of evidence including oceanographic aspects, limnology, fisheries bioecology, and environmental resiliance. 11 (3) The network of the waters conservation area at the local and national levels as referred to in section (1) is established by means of collaborations among the organizational management units. (4) The network of waters conservation area at the regional and international levels as referred to in section (1) is carried out by means of collaborations among countries. (5) Further provisions regarding the network of waters conservation area as referred to in section (1), section (2), section (3), and section (4) are regulated by a Ministerial regulation. Article 20 The financing of the management of waters conservation area may be derived from the sources as follows: a. State Budget and/or Local Budget; b. fisheries fee; c. conservation service fee; and d. other financial sources that are legal and not binding. Part Three Conservation of Fish Species Article 21 The conservation of fish species is carried out in order to: a. protect endangered fish species; b. preserve the diversity of fish species; c. maintain ecosystem balance and stability; and d. utilize fish resources sustainably. Article 22 The conservation of fish species is carried out by means of: a. fish species classification; b. establishment of fish species protection status; c. raising; d. breeding; and e. research and development. 12 Article 23 (1) The fish species classification as referred to in Article 22 point a consists of: a. protected fish species; b. unprotected fish species. (2) The criteria for the protected fish species as referred to in section (1) point a include: a. endangered species; b. rare species; c. species with a limited distribution area (endemic); d. species with a drastic decrease in numbers of population in their natural habitat; and/or e. species with a low fecundity. Article 24 (1) The establishment of the fish species protection status as referred to in Article 22 point b is carried out by the Minister. (2) The procedures for establishing the fish species protection status as referred to in section (1) are regulated by a Ministerial regulation. Article 25 (1) The raising as referred to in Article 22 point c is carried out for both protected and unprotected fish species by the means of collection of live fish on a controlled medium as an artificial habitat. (2) The raising as referred to in section (1) may be carried out by the means of taking fish out of its natural habitat or from ex-situ breeding process. (3) The raising of both protected and unprotected fish species in the artificial habitat as referred to in section (1) is carried out after meeting the requirements as follows: a. fish health standards; b. fairly wide, safe, and comfortable sites; and c. assignment of medical practitioners and fish raising experts. 13 (4) The raising of both protected and unprotected fish species may be carried out by: a. an individual person; b. a community group; c. an Indonesian legal entity; d. a research institute; and/or e. a university. (5) Further provisions regarding the raising of both protected and unprotected fish species as referred to in section (1), section (2), section (3), and section (4) are regulated by a Ministerial regulation. Article 26 (1) The breeding as referred to in Article 22 point d is carried out for both protected and unprotected fish species by means of: a. seeding in a controlled environment; b. hatching of fish eggs; c. ranching of fish juvenile that is taken out of a natural habitat; or d. transplantation. (2) The breeding of both protected and unprotected fish species as referred to in section (1) is carried out through maintaining the purity of fish genetics. (3) The breeding of both protected and unprotected fish species must meet standard qualifications for fish species breeding. (4) The breeding of both protected and unprotected fish species may be carried out by: a. an individual person; b. a community group; c. an Indonesian legal entity; d. a research institute; and/or e. a university. (5) Further provisions regarding the standard qualifications for breeding of both protected and unprotected fish species as referred to in section (3) are regulated by a Ministerial regulation. 14 Article 27 (1) For the benefit of controlled breeding measures for both protected and unprotected fish species, tagging may be undertaken on parental fish and juvenile fish. (2) Further provisions regarding the tagging procedures as referred to in section (1) are regulated by a Ministerial regulation. Article 28 (1) The research and development as referred to in Article 22 point e are carried out for both protected and unprotected fish species. (2) The provisions regarding research and development as referred to in section (1) are regulated in accordance with the legislation. Part Four Conservation of Fish Genetic Article 29 (1) The conservation of fish genetic resources is undertaken by means of: a. raising; b. breeding; c. research; and d. gamete preservation. (2) The provisions regarding the raising, breeding, and research as referred to in section (1) point a, point b, and point c apply mutatis mutandis the provisions regarding the conservation of fish species as referred to in Article 25 to Article 28. (3) The preservation of the fish genetic gametes as referred to in section (1) point d is carried out under freezing conditions. (4) Further provisions regarding the preservation of the fish genetic gametes as referred to in section (3) are regulated by a Ministerial regulation. 15 CHAPTER III UTILIZATION Article 30 (1) The utilization of the conservation of fish resources covers: a. the utilization of waters conservation area; and b. the utilization of fish species and fish genetics. (2) The utilization of the waters conservation area as referred to in section (1) is carried out by means of: a. fishing; b. fish culture; c. waters tourism; or d. research and education. (3) The utilization of the fish species and the fish genetics as referred to in section (1) point b is carried out by means of: a. research and development; b. fish breeding; c. trade; d. aquaria; e. exchange; and f. fish raising for hobbies. Article 31 (1) The utilization of the waters conservation area for fishing as referred to in Article 30 section (2) point a is carried out in a sustainable fisheries zone. (2) Any person who is involved in fishing as referred to in section (1) is obligated to have a license for fishing. (3) The license for fishing within the waters conservation area as referred to in section (2) is granted by the Minister, the governor, the regent/mayor or the designated official pursuant to his/her respective authorities. (4) In granting the license for fishing, the Minister, the governor, or the regent/mayor considers: a. carrying capacity and environmental conditions of the fish resources; b. fishing methods; and c. fishing gear types. 16 (5) Further provisions regarding the procedures for obtaining a license for fishing in the sustainable fisheries zone within the waters conservation area as referred to in section (1) and section (2) are regulated by a Ministerial regulation. Article 32 (1) The utilization of the waters conservation area for the fish culture as referred to in Article 30, section (2) point b is carried out in the sustainable fisheries zone. (2) Any person who undertakes the fish culture as referred to in section (1) is obligated to have a license. (3) The license for the fish culture within the waters conservation area as referred to in section (2) is granted by the Minister, the governor, the regent/mayor or the designated official pursuant to his/her respective authorities. (4) In granting the license for fish culture within the waters conservation area, the Minister, the governor, or the regent/mayor considers: a. fish species to be cultured; b. food types; c. technology; d. number of fish culture units; and e. carrying capacity and environmental conditions of the fish resources. (5) Further provisions regarding the procedures for obtaining a license for fish culture in a sustainable fisheries zone within the waters conservation area as referred to in section (1) and section (2) are regulated by a Ministerial regulation. Article 33 (1) The utilization of the waters conservation area for the tourism as referred to in Article 30 section (2) point c may be carried out in a utilization zone and/or a sustainable fisheries zone. (2) The tourism within the waters conservation area as referred to in section (1) may be held by means of: 17 a. tourism activities; and/or b. tourism businesses. (3) Any person who undertakes the tourism activities and businesses as referred to in section (2) is obligated to have a permit. (4) The permit as referred to in section (3) is granted by the Minister, the governor, the regent/mayor or the designated official pursuant to his/her respective authorities. (5) Further provisions regarding procedures for obtaining a permit for tourism activities and businesses within the utilization zone and/or the sustainable fisheries zone within the waters conservation area as referred to in section (1) and section (2) are regulated by a Ministerial regulation. Article 34 (1) The utilization of the waters conservation area for research and educational activities as referred to in Article 30 section (2) point d may be carried out in the core zone, the sustainable fisheries zone, the utilization zone, and the other zones. (2) Any person who utilizes the waters conservation area for the research and educational activities as referred to in section (1) is obligated to have a utilization permit. (3) The permit as referred to in section (2) is granted by the Minister, governor, regent/mayor or the designated official pursuant to his/her respective authorities. (4) A foreigner and/or a foreign legal entity that will undertake research activities within the waters conservation area may be granted a permit after having already met the requirements for research permitting in accordance with the legislation. (5) Further provisions regarding the procedures for obtaining a permit for the research and educational activities within the waters conservation area as referred to in section (2) and section (3) are regulated by a Ministerial regulation. 18 Article 35 (1) The utilization of the fish species and the fish genetics as referred to in Article 30 section (3) is carried out for both protected and unprotected fish species. (2) The utilization of the fish species and the fish genetics as referred to in section (1) may be carried out by means of taking the fish out of its natural habitat. (3) After the scientific authority has given recommendations, the taking both protected and unprotected fish species out of its natural habitat as referred to in section (2) is provided with a license from the Minister or the designated official. (4) Any protected fish species that are taken out of their natural habitat for breeding and aquaria are considered to be the State’s fish for safekeeping. (5) Any person who takes fish out of its natural habitat as referred to in section (2) is obligated to pay the fisheries fee in accordance with the legislation. (6) Further provisions regarding licensing as referred to in section (3) are regulated by a Ministerial regulation. Article 36 (1) The utilization of the fish species and the fish genetics for research and development as referred to in Article 30 section (3) point a may be carried out for both protected and unprotected fish species. (2) The research and development as referred to in section (1) may be carried out by: a. an individual person; b. a university; c. a non-governmental organization; and d. a research and development institute. (3) The utilization of the fish species and the fish genetics for the research and development as referred to in section (1) is required to obtain a utilization license by the Minister or the designated official. (4) The results of the research and development as referred to in section (1) are required to be submitted to the Minister. 19 (5) The research and development for both protected and unprotected fish species which are carried out by a foreigner and/or a foreign legal entity within Indonesia are held in accordance with the legislation. Article 37 (1) The utilization of the fish species and the fish genetics for breeding as referred to in Article 30 section (3) point b may be carried out for both protected and unprotected fish species. (2) The breeding as referred to in section (1) may be carried out by: a. an individual person; b. a community group; c. an Indonesian legal entity; d. a research institute; and/or e. a university. (3) The breeding activities as referred to in section (1) are required to obtain a license from the Minister or the designated official. (4) The license as referred to in section (3) is granted by the Minister or the designated official after an applicant for the license has met technical and administrative requirements. (5) Further provisions regarding the technical and administrative requirements as referred to in section (4) are regulated by a Ministerial regulation. Article 38 (1) The utilization of the fish species for trade as referred to in Article 30 section (3) point c covers: a. protected fish species which are the results of breeding of: 1) second generation (F2) and so forth; 2) first generation (F1) as stipulated by the Minister after obtaining recommendations from the scientific authority; 20 b. unprotected fish species; c. fish species that is tradable in accordance with the provisions of the international law. (2) The Minister determines the numbers of quota for taking the unprotected fish species out of their natural habitat as referred to in section (1) point b, for trade after having obtained a recommendation from the scientific authority. Article 39 (1) The utilization of the fish species for trade as referred to in Article 38 section (1) may be carried out by: a. an individual person; and/or b. a corporation. (2) An individual person and/or a corporation as referred to in section (1) that undertakes to trade fish species is obligated to obtain a license from the Minister or the designated official after meeting the technical requirements. (3) Further provisions regarding the procedures for obtaining the license and the technical requirements as referred to in section (2) are regulated by a Ministerial regulation. Article 40 (1) The utilization of the fish species for trade as referred to in Article 38 section (1) may be carried out for the purposes of export, import, or re-export. (2) The utilization of the fish species for the purposes of export, import, or re-export as referred to in section (1) is required to be provided with at least: a. letters of delivery from and to another country; b. documents of delivery or transport; c. a letter of acquisition of trade quota; d. a certificate of origin; and e. a certificate of breeding results. (3) Further provisions regarding the import, export, or re export for the fish species trade as referred to in section (1) and section (2) are regulated by a Ministerial regulation. 21 Article 41 The fish species that will be exported, imported, or re-exported are required to be examined under quarantine measures in accordance with the legislation. Article 42 (1) The utilization of fish species for aquaria as referred in Article 30 section (3) point d may be carried out for both protected and unprotected fish species. (2) The aquaria as referred to in section (1) may be carried out by: a. an Indonesian legal entity; b. a research institute; or c. a university. (3) The Indonesian legal entity, research institute or university as referred to in section (2) which holds aquaria is required to obtain a license from the Minister or the designated official. (4) The Indonesian legal entity, research institute or university as referred to in section (2) which holds aquaria is required to be responsible for the health, safety, and security of the fish. (5) The aquaria as referred to in section (1) is held by means of such actions as: a. collection of live fish in a controlled medium as an artificial habitat; b. collection of dead fish including their body and limbs; and c. show in terms of live fish attraction. (6) Further provisions regarding the aquaria as referred to in section (1) to section (5) are regulated by a Ministerial regulation. Article 43 (1) The utilization of the fish species for the purpose of exchange as referred in Article 30 section (3) point e may be carried out for both protected and unprotected fish species. 22 (2) The fish species exchange as referred to in section (1) may be carried out by: a. the Government; b. the Local Government; c. an Indonesian legal entity; or d. a university; (3) The fish species exchange as referred to in section (1) is required to have a permit from the Minister or the designated official. (4) The exchange of both protected and unprotected fish species as referred to in section (1) is carried out based on equality. (5) Further provisions regarding the fish species exchange as referred to in section (1) to section (4) are regulated by a Ministerial regulation. Article 44 (1) The utilization of the fish species to be raised for hobbies as referred to in Article 30 section (3) point f may be carried out for both protected and unprotected fish species. (2) The raising of the protected fish species for hobbies as referred to in section (1) may be performed by an individual person. (3) The raising of the protected fish species for hobbies as referred to in section (1) may only performed out of breeding results. (4) The Individual Person who raises the protected fish species as referred to in section (3) is required to have a license from the Minister or the designated official. (5) The Individual Person who raises the protected fish species for hobbies is required to: a. maintain the health, comfort, safety, and security of the fish species that are raised; and b. provide spaces and facilities that meet standard requirements for fish species raising. (6) Further provisions regarding the raising of the protected fish species for hobbies as referred to in section (1) to section (5) are regulated by a Ministerial regulation. 23 CHAPTER IV EDUCATION AND TRAINING ON CONSERVATION OF FISH RESOURCES Article 45 (1) Education and training on the conservation of fish resources are held in order to develop and improve institutional capacity and human resources in the management of the conservation of fish resources. (2) Further provisions regarding education and training on the conservation of fish resources as referred to in section (1) are regulated by a Ministerial regulation. CHAPTER V COMMUNITY NURTURING Article 46 (1) For the purpose of increasing the community awareness of the importance of the conservation of fish resources, the community nurturing is held. (2) The community nurturing as referred to in section (1) is held by the Government, the local governments, the business enterprises, non-governmental organizations, or the community groups. (3) For the purpose of nurturing the community, the management efforts for the conservation of ecosystem, fish, and fish genetics are awarded. (4) The awards as referred to in section (3) may be given by the Government or the local governments to an individual or those who have contributed to the conservation of fish resources. (5) Further provisions regarding the community nurturing as referred to in section (1) to section (4) are regulated by a Ministerial regulation. 24 CHAPTER VI SURVEILLANCE OF CONSERVATION OF FISH RESOURCES Article 47 (1) For the purpose of the conservation of fish resources, surveillance is carried out. (2) The surveillance of the conservation of fish resources as referred to in section (1) may be undertaken by means of: a. safeguarding and patrolling over the waters conservation area; and b. surveilling the utilization of the species and genetics of the protected fish. (3) The surveillance as referred to in section (1) is carried out by fisheries investigators, comprising Civil Servants Investigators of Fisheries and Non Civil Servants Investigators of Fisheries. (4) The community may be involved in surveilling the conservation of fish resources. (5) The provisions regarding the surveillance of the conservation of fish resources are governed by a separate Government Regulation. CHAPTER VII SANCTIONS Article 48 (1) The violations against Article 31 section (1), Article 32 section (1), Article 33 section (1), Article 35 section (5), Article 36 section (4), Article 38 section (1), Article 42 section (4), and Article 44 section (3) and section (5) are subject to administrative sanctions. (2) The administrative sanctions as referred to in section (1) may be in terms of: a. a written warning; b. a license/permit suspension; c. a license/permit revocation; and/or d. a fine. 25 (3) The administrative sanctions as referred to in section (2) are imposed by the license/permit grantor of utilization pursuant to his/her authorities. (4) The administrative fine as referred to in section (2) point d is a non-tax state revenue to be deposited to the State Treasury. Article 49 (1) The administrative sanction in terms of a written warning as referred to in Article 48 section (2) point a is imposed to each license/permit holder who has evidently violated the provisions as referred to in Article 31 section (1), Article 32 section (1), Article 33 section (1), Article 36 section (4), Article 38 section (1), Article 42 section (4), Article 44 section (3), or section (5). (2) The written warning as referred to in section (1) is imposed to each license/permit holder who has not complied with his/her obligations at most 3 (three) times consecutively in a period of not later than 14 (fourteen) calendar days for each warning. Article 50 (1) The administrative sanction in terms of the license/permit suspension as referred to in Article 48 section (2) is imposed to each license/permit holder as referred to in Article 49 section (1) who, until the expiry of the third written warning, has not complied with his/her obligations yet. (2) The administrative sanction in terms of the license/permit suspension as referred to in section (1) is applicable for 6 (six) months since the sanction is imposed. (3) The administrative sanction in terms of the license/permit revocation as referred to in Article 48 section (2) point c is imposed in the event that the period of the license/permit suspension as referred to in section (2) expires and the license/permit holder does not fulfill his/her obligations. 26 Article 51 (1) The license/permit holder who violates the provision of Article 35 section (5) is subject to the administrative sanction in terms of the license/permit suspension and the fine as referred to in Article 48 section (2) point b and point c are minimum 10 (ten) times and maximum 15 (fifteen) times the fisheries fee which is his/her obligation. (2) The license/permit suspension as referred to in section (1) is applicable for 6 (six) months since the sanction is imposed. (3) In the event that the license/permit suspension period as referred to in section (2) expires and the license/permit holderdisregards his/her obligation, the utilization license/permit for the fish species and the fish genetics is revoked. (4) The revocation of the license/permit as referred to in section (3) does not write off the administrative sanction in terms of the fine as referred to in section (1). Article 52 Any violations against the provisions as referred to in Article 31 section (2), Article 32 section (2), Article 33 section (3), Article 34 section (2), Article 35 section (3), Article 36 section (3), Article 37 section (3), Article 39 section (2), Article 41, Article 42 section (3), Article 43 section (3), or Article 44 section (4) are subjected to sanctions in accordance with the legislation. CHAPTER VIII MISCELLANEOUS PROVISIONS Article 53 Pursuant to this Government Regulation: a. The Ministry that is responsible for fisheries affairs is designated as the Management Authority for the conservation of fish resources. b. The Indonesian Institute of Sciences (Lembaga Ilmu Pengetahuan Indonesia/LIPI) is designated as the Scientific Authority. 27 CHAPTER IX CLOSING PROVISIONS Article 54 At the time this Government Regulation comes into force, all implementing regulations on the conservation of fish resources remain in effect insofar not contrary to or not yet be replaced under this Government Regulation. Article 55 This Government Regulation comes into force on the date of its promulgation. 28